Federal Judge Strikes Down Portions of Maryland Law Limiting Public Firearm Carry

Last updated on August 7th, 2024 at 04:27 pm

A U.S. federal judge struck down portions of a Maryland law prohibiting the carry of firearms in certain public settings, in an Aug. 2 ruling.

The ruling concerns a law Mayland adopted following the U.S. Supreme Court decision in New York State Rifle Pistol Association v. Bruen. The Supreme Court held, in its Bruen decision, that states could not adopt arbitrary tests for deciding when people could and couldn’t carry firearms in public.

Maryland was one of several states that had to reassess its firearms carry permitting laws following the Bruen case. While those states had to set new, objective criteria for approving public carry, many have sought to still limit public carry by instead expanding the list of public locations where authorities would prohibit carrying personal firearms.

Maryland’s post-Bruen carry law listed barred public carry on private property open to the public, restaurants that are licensed to serve alcohol, and certain healthcare facilities, and museums.

A group of gun owners and gun rights activists challenged the Maryland law in two separate May 2023 legal filings, arguing the law violates their Second Amendment rights to keep and bear arms. The plaintiffs included Maryland residents Katherine Novotny, Sue Burke, Susannah Kipke, and Esther Rossberg. Supporting the plaintiffs in the two cases are gun rights advocacy groups Maryland Shall Issue, the Maryland State Rifle and Pistol Association, the Second Amendment Foundation, and the Firearms Policy Coalition. The two complaints were folded into one combined case.

The lawsuits challenged both the post-Bruen list of prohibited locations, along with locations in which public carry was prohibited even before the Bruen decision, such as mass transit facilities and state public lands.

On Friday, U.S. District Judge George Russell granted a summary judgment ruling against the portions of the Maryland law barring public carry in places serving alcohol and banning carry within 1,000 feet of a public demonstration.

Russell also ruled against the provision in the Maryland law prohibiting people from carrying firearms onto private property unless the property owner had first expressly permitted it verbally or with a conspicuously posted sign.

The Second Amendment Foundation and Firearms Policy Coalition both characterized the ruling as a victory in social media posts on Friday.

While the summary judgment cuts against some parts of Maryland’s public carry restrictions, other portions remain. Russell granted a motion by the state of Maryland seeking to dismiss portions of the lawsuit challenging its ban on public carry in state parks, mass transit facilities, school grounds, museums, stadiums, healthcare facilities, government buildings, amusement parks, racetracks, and casinos.