Thursday, July 13, 2023

Lawsuit Against Allegedly Unconstitutional Maryland Concealed Carry Law: SB1 Receives Pro-Gun Brief Submission

The Second Amendment Foundation (SAF) and its co-plaintiffs in the federal lawsuit against Maryland's strict concealed carry law, Novotny v. Moore, have submitted their rebuttal to the state's opposition to a previous request for a temporary halt in the enforcement of the law. The reply was officially filed in the U.S. District Court for the District of Maryland.

SAF's partners in this litigation include Maryland Shall Issue, the Firearms Policy Coalition, and three individual holders of "wear and carry permits", namely Susan Burke from Reisterstown, Esther Rossberg from Baltimore, and Katherine Novotny from Aberdeen, the plaintiff whose name is in the case title. Their legal representation is provided by lawyers David H. Thompson and Peter A. Patterson from the Cooper & Kirk firm in Washington, D.C., Mark W. Pennak from Maryland Shall Issue in Baltimore, and Matthew Larosiere based in Lake Worth, Florida.

The crux of the lawsuit is SB1, legislation enacted by Governor Wesley Moore, which imposes further limitations on the areas where law-abiding, licensed citizens can carry firearms for self-defense.

Maryland's aim appears to be a dramatic broadening of the definition of "sensitive places", thus restricting legal, licensed concealed carry to practically non-existent outside of one's home or private business.

"In our initial legal action, we argued that Maryland is resorting to desperate measures to validate its extreme policy by referring to purported historical parallels that aren’t genuine," noted Alan M. Gottlieb, SAF founder and Executive Vice President. "We pointed out previously that instead of adhering to the updated standards established by last year's Supreme Court Bruen decision, Maryland legislators reacted by implementing gun laws that are even more restrictive than before. This is the kind of obstinacy typical of grade school playgrounds and has no place in state legislatures or governor's offices."

"Today’s response further highlights that Maryland's newly imposed carry restrictions are at odds with the U.S. history and precedent of firearms regulation," commented SAF Executive Director Adam Kraut. "In its defense, Maryland resorts to weak arguments and flawed reasoning to justify its novel law. Our response systematically dismantles the government's arguments and illustrates that the contested restrictions are constitutionally unacceptable."

The Second Amendment Foundation (, founded in 1974, is the country's oldest and largest nonprofit organization that focuses on research, education, publishing, and legal actions pertaining to the Constitutional right and tradition of private gun ownership and possession. The Foundation, which boasts over 720,000 members and supporters, runs numerous initiatives aimed at educating the public about the implications of gun control.

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