Open Carry Firearms

Federal Court Declares Maryland Gun Carry Restrictions Unconstitutional in Landmark Ruling

Open Carry Firearms
Open Carry Firearms (File)

A federal court in Maryland has delivered a significant victory to the Second Amendment Foundation (SAF) and its partners, ruling that three provisions of the state’s restrictive carry law are unconstitutional.

The case, Novotny v. Moore, was decided by Chief U.S. District Judge George L. Russell III, an appointee of former President Barack Obama.

In a 13-page ruling, Judge Russell granted summary judgment and issued an order enjoining the state from enforcing the provisions that restrict carrying firearms in the following locations: (1) establishments selling alcohol for on-site consumption, (2) private buildings or property without the owner’s consent, and (3) within 1,000 feet of a public demonstration.

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“We are pleased that the Court found Maryland’s draconian ‘anti-carry’ rule to be unconstitutional,” said SAF Executive Director Adam Kraut. “Such a provision flies in the face of this nation’s history and tradition. Of course, we will examine the court’s opinion and weigh our options for appeal to continue to challenge other provisions we believe are unconstitutional.”

The SAF was joined in the lawsuit by Maryland Shall Issue, the Firearms Policy Coalition, and three private citizens with “wear and carry” permits: Susan Burke of Reisterstown, Esther Rossberg of Baltimore, and Katherine Novotny of Aberdeen, for whom the lawsuit is named.

They were represented by attorneys David H. Thompson and Peter A. Patterson of Cooper & Kirk in Washington, D.C., Mark W. Pennak of Maryland Shall Issue in Baltimore, and Matthew Larosiere from Lake Worth, Fla. The case was consolidated with a similar case, Kipke v. Moore.

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“We’re delighted by the court’s decision,” said SAF founder and Executive Vice President Alan M. Gottlieb. “This is just one more step in SAF’s ongoing effort to win firearms freedom, one lawsuit at a time.”

The ruling marks a notable achievement for gun rights advocates, underscoring the ongoing legal battles over Second Amendment rights and state-level gun control measures.

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