Maryland presents yet another example of the childish temper tantrums thrown by anti-Second Amendment states following 2022’s U.S. Supreme Court Bruen decision.
The high court firmly reestablished the right to keep and bear arms for public defense away from the home. Despite what should have been the final word, states such as Maryland, New York and others thumbed their noses at the rule of law and attempted to constrict where law-abiding citizens may carry their weapons.
Apparently, being told once by the highest court in the land is not enough for anti-gun forces bent on eviscerating the Bill of Rights.
Now, the Second Amendment Foundation (SAF) and its allies are taking action against Maryland’s controversial position. Partners include the Firearms Policy Coalition (FPC), Maryland Shall Issue, Inc. and three private individuals.
Novotny v. Moore is before the U.S. Fourth Circuit Court of Appeals, and the organization filed an appellant’s brief before the court supporting the challenge to the “sensitive places” statute.
The compelling argument is that these restrictions are in clear violation of the Constitution.
Maryland’s sweeping prohibition of legal carry applies to a wide array of spaces. State parks, mass transit, museums, entertainment facilities, schools and government buildings are all off-limits with the “sensitive places” designation.
Alan M. Gottlieb is the founder and executive vice president of SAF. He explained that the state is out of bounds in issuing sprawling restrictions on where its citizens may lawfully defend themselves.
“We maintain in our brief that Maryland’s carry bans violate the Second Amendment,” Gottlieb charged. “The state has failed to meet its burden to affirmatively prove any of its restrictions are consistent with the nation’s historical tradition of firearm regulation. We contend the district court erred when it upheld the carry bans.”
Under Bruen’s guidance, gun control laws must be aligned with the nation’s history and tradition of firearm regulations. Gottlieb and his allies know that such widespread restrictions on lawful carry are not part of the country’s historical legal fabric.
As SAF Executive Director Adam Kraut noted, good citizens of Maryland are, in practical effect, banned from legally carrying a firearm outside the home.
“Maryland’s law essentially bans concealed carry virtually anywhere one might find people gathering for any legitimate purpose,” Kraut detailed. “The purpose of including all of these locations under the definition of ‘sensitive places’ is to essentially render the right of concealed carry to be meaningless. We’re asking the appeals court to remand the case back to the district court with instructions to enter a judgment for the plaintiffs.”
A recent district court ruling upheld Maryland’s contentious law. The appeal attempts to overturn that decision while challenging the constitutionality of such broad restrictions.
Maryland’s law mirrors those of New York and a handful of other states determined to undermine gun rights. As the state solidified its anti-gun credentials with a wave of recent laws, legal challenges from pro-Second Amendment forces are pushing its leaders to defend their stances.
A ban on so-called “assault weapons,” new red flag laws and licensing hurdles for gun ownership are all being fought in the court system.
Likely, the U.S. Supreme Court will ultimately determine the legality of essentially eradicating the right to bear arms outside of the home.
After all, the high court is the nation’s final adjudicator of the law, and its rulings are not arbitrary or open for interpretation. The majority made it clear in Bruen that the Bill of Rights applies to all law-abiding citizens, and the time-honored freedom to bear arms for self-defense extends far beyond one’s front door.
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