Montana leads 18 states in challenging Maryland’s gun law.
Montana Attorney General Challenges Maryland County’s “Unconstitutional” Gun-Free Zones
Montana Attorney General Austin Knudsen (R-MT) has taken a stand against a Maryland county law that he believes violates the Supreme Court’s Second Amendment test. Knudsen, along with a group of 18 attorneys general, filed an amicus brief in the U.S. Court of Appeals for the 4th Circuit, urging the court 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 his involvement in the case, Knudsen expressed his personal connection to the Second Amendment. As an avid hunter, reloader, and competitive shooter, he closely follows issues related to gun rights. He believes that if laws like the one in Maryland go unchallenged, similar regulations could be attempted in other states.
Montana’s assistant solicitor general outlined in the brief that the Montgomery County law 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 in the case, 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. The court also acknowledged that ”sensitive places” can be designated as gun-free zones, but did not provide a clear definition of what qualifies as sensitive.
Montana’s brief argues that the historical record does not support the notion that places of worship, parks, recreational facilities, multipurpose exhibition facilities, public libraries, and buffer zones have traditionally been subject to firearm restrictions. The attorneys general of 18 other states have also signed the brief in support of challenging the Maryland law.
The legal battle over Maryland’s gun laws extends beyond Montgomery County. The state’s SB1 law, signed by Governor Wes Moore, has faced opposition from the National Rifle Association and other gun groups. These groups are challenging the law’s increased concealed carry permit fees and expansion of “gun-free zones” in the state.
The response from Montgomery County’s counsel is expected by September 19, and further proceedings will follow.
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