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Maryland Shall Issue, Inc. v. Moore: Gun Law Case Guide

Last reviewed: 2026-08-28Topic: Court Cases & Sentencing
Quick answer

The en banc Fourth Circuit upheld Maryland’s handgun qualification licensing requirement, concluding that plaintiffs had not overcome the presumption of constitutionality applicable to a shall-issue licensing regime.

Maryland Shall Issue, Inc. v. Moore is one of the major modern court decisions shaping firearm regulation, prohibited-person law, Second Amendment analysis, or federal firearm sentencing.

Court U.S. Court of Appeals for the Fourth Circuit, en banc
Decision date August 23, 2024
Citation 116 F.4th 211 (4th Cir. 2024)
Main issue Maryland Handgun Qualification License requirement
Current status Binding in the Fourth Circuit; the Supreme Court later denied certiorari.

What the court held

The en banc Fourth Circuit upheld Maryland’s handgun qualification licensing requirement, concluding that plaintiffs had not overcome the presumption of constitutionality applicable to a shall-issue licensing regime.

Why Maryland Shall Issue, Inc. v. Moore matters

The case is a major post-Bruen decision on purchaser licensing and the distinction between shall-issue licensing requirements and discretionary carry restrictions.

What the case does not automatically mean

A major firearm decision should not be reduced to “all gun laws are invalid” or “every person with a felony may possess a gun.” Constitutional challenges are often facial or as-applied, statutory decisions can be narrower than constitutional decisions, and lower-court holdings are binding only within their jurisdiction. Always identify the exact statute and court before applying the holding.

Felony gun charge and restoration impact

For a person researching a felony gun charge, the practical question is whether this case changes the elements, constitutional validity, sentencing exposure, or interpretation of the relevant firearm statute. Restoration remains a separate question. Review the gun-rights restoration guide, the state law page, and the § 922(g) guide.

How this fits into the current court split

Since Bruen and Rahimi, courts have produced a large body of new firearm decisions involving felony convictions, controlled-substance users, domestic-violence orders, age limits, carry restrictions, ghost guns, and ACCA sentencing. Compare this case with the full 25 major gun-law court cases library before drawing a nationwide conclusion.

Frequently asked questions

What did Maryland Shall Issue, Inc. v. Moore change about gun law?

The case is a major post-Bruen decision on purchaser licensing and the distinction between shall-issue licensing requirements and discretionary carry restrictions.

Does Maryland Shall Issue, Inc. v. Moore mean a felon can own a gun?

Not as a blanket rule. The holding must be applied within its court, facts and issue. Federal § 922(g)(1), state law, and any legally effective restoration remain separate questions.

How does Maryland Shall Issue, Inc. v. Moore affect felony gun rights restoration?

Court decisions can change whether a firearm prohibition is constitutional or how a statute is interpreted, but restoration is a distinct statutory or executive process. A favorable case does not automatically create a restoration order.

Is Maryland Shall Issue, Inc. v. Moore still current law?

Binding in the Fourth Circuit; the Supreme Court later denied certiorari.

Sources and legal references