Maryland’s gun laws prohibiting concealed carry in restaurants and private buildings have been ruled unconstitutional

On Friday, a federal judge made a decision that multiple gun carry laws in Maryland are unconstitutional. The laws include specifications on where lawful citizens are allowed to carry firearms.

On Friday, a federal judge declared unconstitutional certain gun carry laws in Maryland, including provisions that dictate where citizens with permits can legally carry firearms.

Several gun rights groups and concealed carry permit holders filed a lawsuit, titled Novotny v. Moore, against Governor Wes Moore and Maryland officials, challenging the restrictions imposed on the places where citizens can carry firearms. These restrictions were introduced under the Gun Safety Act of 2023, previously referred to as Senate Bill 1.

In a summary judgment, U.S. District Judge George Russell III found that three provisions were in violation of the Second Amendment.

Carrying firearms is prohibited in places that serve alcohol for “on-site consumption,” such as restaurants, according to a set of regulations.

On Friday, the judge issued a ruling stating that the provision which prohibits permit holders from carrying firearms into private buildings without the owner’s explicit consent is in violation of the Second Amendment.

The judge declared that it was unconstitutional to prohibit carrying within 1,000 feet of a public demonstration.

The complaint included several provisions, such as rules that restrict carrying weapons in health care facilities. However, the judge did not pass a ruling on these provisions.

The judge granted a preliminary injunction on the provisions that were scheduled to take effect in a few days, in September 2023.

On May 16 of last year, the government enacted the Guns Safety Act of 2023 in response to the New York State Rifle and Pistol Association v. Bruen ruling by the U.S. Supreme Court. This decision brought about significant changes in the concealed permitting process nationwide.

Maryland’s previous gun permitting laws, which only granted concealed carry permits to citizens who could demonstrate a legitimate reason for carrying a firearm, were effectively invalidated.

In a recent news release, Adam Kraut, the Executive Director of the Second Amendment Foundation expressed his satisfaction with the court’s decision on Maryland’s ‘anticarry’ rule. He stated that the provision contradicts the nation’s history and traditions. Kraut added that they would review the court’s opinion and assess their options to appeal and challenge other provisions that they believe are unconstitutional.

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