Court Issues Preliminary Injunction In SB 1 Case

Partially reprinted from THE TRUTH ABOUT GUNS

A U.S. District Court judge in Maryland has granted in part a motion for a preliminary injunction in two cases—including one involving the Second Amendment Foundation—challenging Maryland’s “sensitive places” law. The law goes into effect on October 1.

There is a similar case already in the 4th Circuit Court of Appeals. The Second Amendment Law Center filed an amicus brief along with several of our strategic partners supporting the related case of Maryland Shall Issue, Inc. v. Montgomery County. Joining 2ALC in this brief was the California Rifle and Pistol Association, Second Amendment Defense and Education Coalition, Guns Save Life, Federal Firearms Licensees of Illinois, Gun Owners of America, Gun Owners of California, Gun Owners Foundation, and the Citizens Committee for the Right to Keep and Bear Arms.

Novotny v. Moore, was filed earlier this year and challenges the same law, which places broad restrictions on where a legally-licensed private citizen may carry a firearm for personal protection. The decision by Judge George L. Russell, III consolidates the Novotny case with another action known as Kipke v. Moore.

Under the trial court judge’s order, Maryland is enjoined from enforcing laws restricting the carrying of firearms in locations selling alcohol, private buildings or property without the owner’s consent, and within 1,000 feet of a public demonstration. However, he left intact the prohibitions on carry in health care facilities, school grounds, government buildings, museums, state parks and state forests, casinos, mass transit facilities, stadiums, racetracks, and amusement parks.

The district court case is not over. The provisions that the court left intact will be re-challenged in future court filings and hearings. 2ALC will coordinate more amicus briefing when the time comes.

The case in the Court of Appeal is also still pending.

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