Maryland

Federal judge: Maryland can’t ban concealed carry of guns in bars, private buildings

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A federal judge has ruled that Maryland can’t ban the concealed carry of firearms at restaurants that serve alcohol, in private buildings without the owner’s permission and within 1,000 feet of a public demonstration — effectively scaling back a gun-control law passed last year.

That law, the Gun Safety Act of 2023, was a reaction to a U.S. Supreme Court case that forced the state to drop most of its hurdles for obtaining a concealed-carry permit in Maryland. Unable to limit people from getting permits, lawmakers turned to limiting where those permits would be valid to carry handguns.

The law was given the designation that year as Senate Bill 1, an indication of its importance to Democratic leaders in the General Assembly.

The sweeping law banned permit holders from carrying concealed handguns in schools, colleges, health care facilities, government buildings, polling places, power plants, stadiums, museums, racetracks, casinos, at establishments that sell alcohol and on private property where the owner has not given permission.

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The state also has a law against carrying a concealed gun within 1,000 feet of demonstrations and rallies.

Gun-rights advocates immediately filed court challenges and last fall, a federal judge temporarily blocked enforcement of the ban on concealed carry at those three areas — establishments serving alcohol, on private property where the owner hasn’t given permission and within 1,000 feet of a public demonstration.

A ruling from U.S. District Judge George L. Russell III on Friday makes the block on those portions of the law permanent, while upholding other aspects of the law.

Mark Pennak of the advocacy group Maryland Shall Issue said the judge’s ruling “makes clear that the legislature overreached” when it passed the slate of restrictions on carrying guns.

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Pennak, who is a lawyer but not involved in the case, said he was disappointed that the judge did not go further and wipe out more of the restrictions.

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The Senate’s lead sponsor on the 2023 bill, Sen. Jeff Waldstreicher, said he was “deeply gratified” by the ruling and called law “just plain common sense.“

Sen. Jeff Waldstreicher, a democrat from Montgomery County, attends a news conference announcing new juvenile justice legislation in the Maryland State House lobby on January 31, 2024. (Ulysses Muñoz/The Baltimore Banner)

”The United States District Court upheld 99% of Senate Bill 1,” the Montgomery County Democrat said.

Attorney General Anthony Brown, a Democrat whose office defended the constitutionality and legality of the law, could appeal the ruling to a federal appeals court. Brown’s office declined to comment on the ruling on Tuesday.

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Maryland Gov. Wes Moore, a Democrat who supported the measure and signed it into law, did not immediately have a comment on the ruling.

This breaking news story will be updated.

Baltimore Banner reporter Lee O. Sanderlin contributed to this report.





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