Anne Arundel County approved the law in 2022, prompting a lawsuit by four gun store owners and the Second Amendment advocacy group Maryland Shall Issue. A federal judge initially ruled in favor of the county statute, which prompted the appeal.
The literature, which is mandatory to give to all gun and ammunition purchasers, cites “access” to weapons as a “risk factor” in a variety of social ills. Judge Paul Niemeyer wrote in his decision that the appeals court did not believe that firearm purchasers were being compelled to change their minds about the transactions.
According to Niemeyer, “The pamphlet is more in line with other similar safety warnings — widely applicable and accepted — that gun owners should store guns safely, especially to prevent misuse and child access.”
County Executive Stuart Pittman called the ruling “a win for the people of the county.”
That opinion was not shared by Maryland Shall Issue President Mark Pennak. He called the decision “grievously wrong” as it forced speech in a commercial business.
Pennak noted the law is not based on historical practices involving gun rights. “It’s contrary to Supreme Court precedent, and it would invite wholesale unconstitutional action by governments.”
The plaintiffs are mulling over an appeal of the decision.
Following a 2018 mass shooting, a county task force was formed to address criminal violence. It recommended a coalition of government officials with weapons dealers, safety groups and organizations that battle domestic violence and suicide.
Gun stores are required to display the pamphlets and disperse them with most transactions. As noted, the central issue is not one of safety but whether local governments may compel businesses to distribute specific information.
