Attorneys representing the Second Amendment Foundation (SAF) and allied gun rights organizations have filed an appellants’ brief with the U.S. Fourth Circuit Court of Appeals, challenging Maryland’s restrictive “sensitive places” law. The case, Novotny v. Moore, questions the state’s limits on concealed carry in various public spaces, arguing that the restrictions violate the Second Amendment.
SAF, joined by Maryland Shall Issue, Inc., the Firearms Policy Coalition (FPC) and three private citizens, contends that Maryland’s statute lacks historical precedent and excessively restricts concealed carry. Among the plaintiffs is Katherine Novotny, whose name anchors the case. The plaintiffs are represented by attorneys from Cooper & Kirk in Washington, D.C., and Mark W. Pennak in Chevy Chase, Maryland.
The law prohibits concealed carry in numerous public areas labeled “sensitive places,” including museums, healthcare facilities, mass transit, state parks, entertainment venues, school grounds, and government buildings. However, the SAF argues that no historical foundation exists for such sweeping restrictions.
“We maintain in our brief that Maryland’s carry bans violate the Second Amendment,” said SAF founder and Executive Vice President Alan M. Gottlieb. “The state has failed to meet its burden to prove that these restrictions align with the nation’s historical tradition of firearm regulation. We contend the district court erred when it upheld the carry bans.”
According to SAF Executive Director Adam Kraut, the law effectively renders concealed carry meaningless. “Maryland’s law essentially bans concealed carry virtually anywhere one might find people gathering for any legitimate purpose,” Kraut said. “We’re asking the appeals court to remand the case back to the district court with instructions to enter a judgment for the plaintiffs.”
The appeal challenges the constitutionality of Maryland’s law and seeks to overturn a district court ruling that upheld the carry restrictions. A decision from the Fourth Circuit could impact similar laws in other states and reshape the interpretation of “sensitive places” under the Second Amendment.
Maryland has seen a number of recent anti-gun laws challenged in court including the state’s semi-auto ban, red flag laws and handgun licensing requirements. The SAF and FPC have been at the forefront, and often partnered, on virtually all of these challenges.
