By Dave Workman
Editor-in-Chief
A controversial gun control law took effect in Maryland this week, even though a federal judge partially granted a motion for a preliminary injunction against the law in two cases, one of which involves the Second Amendment Foundation (SAF).
CBS News and the Associated Press are reporting that Maryland’s new laws took effect Sunday. The network spin is that the new gun law was tightened “to prevent someone from carrying a concealed handgun in certain areas.”
“For example,” CBS reported, “the law will generally prohibit a person from wearing, carrying or transporting a gun in an ‘area for children or vulnerable adults,’ like a school or health care facility.”
Also among the “sensitive places” where carrying a gun is prohibited are “a government or public infrastructure area, or a ‘special purpose area,’ including places licensed to sell alcohol, cannabis, a stadium, museum, racetrack or casino.”
But U.S. District Judge George L. Russell last week granted in part a motion for a preliminary injunction in two cases, according to a SAF news release.
In a case known as Novotny v. Moore, Maryland is enjoined from enforcing laws restricting the carrying of firearms in locations selling alcohol, private buildings or property without the owner’s consent, and within 1,000 feet of a public demonstration.
“We’re encouraged by Judge Russell’s order,” said SAF founder and Executive Vice President Alan M. Gottlieb. “Maryland is one of a handful of states that have adopted new statutes designed specifically to get around the U.S. Supreme Court’s ruling in the 2022 Bruen case, by spreading a very wide blanket over areas where lawful concealed carry is prohibited. This is a signal that sort of legislative waltzing is in trouble.”
However, Judge Russell left intact the prohibitions on carry in health care facilities, school grounds, government buildings, museums, state parks and state forests, casinos, mass transit facilities, stadiums, racetracks, and amusement parks. Despite only a partial win, SAF officials are still encouraged.
“This is certainly a good sign from the court,” said SAF Executive Director Adam Kraut. “We look forward to pursuing this case to a favorable conclusion.”
SAF is joined in its case by Maryland Shall Issue, the Firearms Policy Coalition and three private citizens, all of whom possess “wear and carry permits,” including Susan Burke of Reisterstown, Esther Rossberg of Baltimore, and Katherine Novotny of Aberdeen, for whom the lawsuit is named. They are represented by attorneys David H. Thompson and Peter A. Patterson at Cooper & Kirk in Washington, D.C., Mark W. Pennak at Maryland Shall Issue in Baltimore, and Matthew Larosiere from Lake Worth, Fla.
Also, CBS reported, a separate law now in effect “expands requirements and procedures” to the issuance or renewal of a carry permit. This one is also facing a court challenge.
In essence, Maryland lawmakers reacted to last year’s Supreme Court ruling in the Bruen case with new laws designed to get around provisions in that 6-3 decision.
Marylane also now has stricter gun storage requirements, CBS noted. Under the new law, gun owners are prohibited from storing loaded firearms where they may be accessed by unsupervised minors.
