A federal judge has recently ruled that gun owners have the right to carry their weapons in bars, private properties without the owner’s permission, and within 1,000 feet of a public demonstration, and the state cannot intervene.
In a recent ruling, U.S District Judge George L. Russell III upheld a significant portion of the Gun Safety Act of 2023. Although gun-rights groups had challenged the Act as unconstitutional, Russell supported the state’s position that it was within its rights to prohibit gun owners from carrying firearms in a variety of locations, including amusement parks, casinos, state parks and forests, museums, schools, stadiums and government buildings. Russell’s order, which was only three pages long, confirmed the state’s authority to regulate firearms in these areas.
In September, Russell had temporarily blocked the enforcement of the bar, protest, and private property restrictions in the law. The recent order is accompanied by a 14-page opinion which essentially upholds Russell’s findings.
On Friday, the complaint that was ruled on was brought forth by Susannah Warner Kipke, the wife of Del. Nicholaus R. Kipke (R-Anne Arundel), and the Maryland State Rifle and Pistol Association. Their challenge to the law was based on the First, Second, and 14th Amendments. There was another similar challenge filed by Katherine Novotny and the gun-rights advocacy group she is a part of, Maryland Shall Issue, along with the Second Amendment Foundation.
Russell consolidated all the grievances into a single case.
Maryland Shall Issue President Mark Pennak stated that his group is considering an appeal in response to Russell’s ruling on Monday, which the attorney general’s office declined to comment on. Pennak clarified that the decision to appeal has not been made yet.
Pennak expressed his disagreement with the state’s ability to prohibit carrying firearms in state parks and forests, considering it to be fundamentally incorrect. Although he was content with the preliminary injunction issued in September, he was disappointed with the court’s decision to uphold other restrictions.
According to Pennak, the prohibition imposed by the state is not limited to alcohol consumption while carrying. “Nobody is promoting the idea of drinking and carrying firearms, but the state’s ban covers much more ground,” he stated.
According to him, the rule disallows a permit holder from entering a restaurant that serves alcohol, regardless of whether they intend to drink or not. He believes that they attempted to restrict carrying firearms in various locations where they could get away with it, which he deems unconstitutional.
Last year, the Kipke lawsuit was filed on the very same day that Gov. Wes Moore (D) signed the Gun Rights Safety Act of 2023, also known as Senate Bill 1, into law. In September, just days before the law’s implementation, Russell issued a preliminary injunction on the three provisions.
In response to the U.S. Supreme Court’s June 2022 ruling in New York State Rifle and Pistol Association v. Bruen, Maryland has updated its gun permitting process and imposed limitations on the carrying of firearms. The previous gun permitting laws, which restricted concealed-carry permits, were effectively struck down by the court’s decision.
Maryland has recently established a new law that identifies three distinct categories of locations where carrying guns is prohibited. These categories include areas designated for “children and vulnerable individuals,” areas that are part of “government or public infrastructure,” and a “special purpose area,” which are locations where the public congregates for social events, entertainment or education.
In a statement released on Monday evening, Del. J. Sandy Bartlett (D-Anne Arundel), the vice-chair of the House Judiciary Committee that reviewed the legislation last year, emphasized that Russell’s ruling does not mark the end of the law.
In a text message, she stated that the recent decision restricts state action, but doesn’t impede the private owner’s right to prohibit firearms on their property. She also expressed her hope that gun owners will honor the private owner’s decision to deny entry.
