It wasn’t the Earth-shattering type of victory that leaves every goal accomplished and no foes standing. Still, the Maryland Supreme Court gave gun rights supporters reason to celebrate when the bench gutted Montgomery County’s controversial firearms ordinance.
Justices ruled on the case brought by Maryland Shall Issue and its partners five years ago.
And while they left parts of the ordinance intact, the high court concluded that the state’s preemption statutes mostly ban such restrictions on the Second Amendment right to keep and bear arms.
State Supreme Court determined that the county far exceeded its jurisdiction
The state’s most populous county is remarkable for its consistency in blaming the Second Amendment for all its woes. In 2021, a new ordinance sought nothing less than maximum infringement on the right to keep and bear arms.
After bouncing back and forth in judicial limbo while Maryland Shall Issue’s twin lawsuits moved through the system, the plaintiffs ultimately appealed to the Maryland Supreme Court. That persistence led to justices determining that the local ordinance was hardly “local.”
Though not a total triumph, there are victories to be celebrated
After all, it applies to wear-and-carry permit holders who merely traverse public thoroughfares in Montgomery County.
If the unfortunate traveler comes within 100 yards of a “place of public assembly” with their licensed firearm, they are immediately in violation of the “local” restriction.
Maryland’s ban on homemade firearms suffered a significant blow when the Supreme Court determined that Maryland officials were in violation of federal law that establishes the legality of owning these firearms if they are properly serialized.
State lawmakers “remembered the children” when they passed a ban on adult conduct in the presence of minors. Proponents claimed that gun owners executing their craft would somehow endanger underage persons, essentially banning invaluable lessons on marksmanship and safety that are passed down through generations.
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