Montana leads 19 states in challenging Maryland’s gun law.
Montana Attorney General Fights Against “Unconstitutional” Gun-Free Zones in Maryland County
In an exclusive move, Montana Attorney General Austin Knudsen (R-MT) has filed an amicus brief challenging a Maryland county law that he believes violates the Supreme Court’s Second Amendment test. Knudsen, along with a group of 19 attorneys general, is urging the U.S. Court of Appeals for the 4th Circuit to side with plaintiffs who argue that the law creates “unconstitutional” gun-free buffer zones.
A Personal Passion for the Second Amendment
When asked about Montana’s involvement in a Maryland county law, Knudsen expressed his personal connection to the Second Amendment. As an avid hunter, reloader, and competitive shooter, he closely monitors issues related to firearms. He firmly believes that if these types of regulations go unchallenged, they will spread to other states, not just Maryland.
Montana’s assistant solicitor general, in the brief provided to the Washington Examiner, highlighted Section 57 of Montgomery County Code, which prohibits the sale, transfer, or possession of firearms within 100 yards of a place of public assembly. The definition of a “place of public assembly” includes various locations such as parks, places of worship, schools, libraries, recreational facilities, multipurpose exhibition facilities, and childcare facilities.
The plaintiffs, supported by the 19 states, argue that the law effectively prevents anyone besides designated security guards and active police officers from carrying a gun for self-defense in public. They claim that it is practically impossible for permit holders to legally carry a handgun within Montgomery County.
The Supreme Court’s 2022 decision in Bruen v. New York Rifle & Pistol Association established that while governments can regulate the public carrying of guns, they cannot prohibit it for law-abiding citizens. However, the court did not clearly define what constitutes a “sensitive place” for gun-free zones, leaving it up to lower courts to decide.
Montana’s brief argues that the historical record does not support the county’s regulations, as there is no enduring American tradition of restricting the right to carry in places like worship, parks, recreational facilities, libraries, or buffer zones.
The amicus brief was signed by the attorneys general of Alabama, Alaska, Arkansas, Georgia, Idaho, Indiana, Iowa, Kansas, Kentucky, Louisiana, Mississippi, Missouri, Nebraska, South Carolina, South Dakota, Texas, West Virginia, and Wyoming.
Outside of the Montgomery County dispute, legal battles are also underway regarding Maryland’s SB1 law, which increases concealed carry permit fees and expands “gun-free zones” in the state. The National Rifle Association and other gun groups are challenging this law in separate cases.
A response from Montgomery County’s counsel is expected by September 19, and further proceedings will follow.
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