The 4th U.S. Circuit Court of Appeals struck down Maryland's prohibition on the concealed carry of guns on private property held open to the public, ruling the restriction was unconstitutional.
The three-judge panel unanimously on Tuesday upheld the district court's ruling to overturn the concealed carry ban in such places as shopping malls, restaurants, or parks that are not government-owned.
"Maryland's rule would effectively declare most public places 'gun-free zones,'" Judge Roger L. Gregory wrote in a 94-page decision. "But that likely stretches the sensitive places doctrine too far."
Maryland defended its gun laws as valid "sensitive place" restrictions — meaning certain locations where firearms can be limited despite the Second Amendment of the U.S. Constitution.
The judges applied the Supreme Court's Bruen Second Amendment framework in analyzing the regulations, which determines whether the activity being restricted is something the Second Amendment covers at all. If so, they then looked at history to see whether similar gun regulations have historically existed in the United States.
In terms of non-public private property, however, the 4th Circuit found that the plaintiffs – gun owners and gun rights groups – lacked standing to challenge the regulation.
Although the appeals panel struck down the concealed carry prohibition for private property held open to the public, it also upheld certain prohibitions on firearms as constitutional, including within 1,000 feet of a public demonstration, as well as in state-owned parks, museums, places of amusement, mass transit, government buildings, school grounds and locations that sell alcohol.
The 4th Circuit's decision came as oral arguments began at the Supreme Court in a similar lawsuit challenging Hawaii's default private property gun ban.
Nicole Weatherholtz ✉
Nicole Weatherholtz, a Newsmax general assignment reporter covers news, politics, and culture. She is a National Newspaper Association award-winning journalist.
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