A federal court in Maryland has handed a victory to the Second Amendment Foundation (SAF) and its partners in a challenge of the state law restricting carry in certain locations. The court declared three provisions in the statute to be unconstitutional. The case is known as Novotny v. Moore.
Chief U.S. District Judge George L. Russell III for the District of Maryland, a Barack Obama appointee, issued the 13-page ruling and a separate order granting summary judgment enjoining the state from enforcing provisions in the law which restrict the carrying of firearms in: (1) locations selling alcohol for onsite-consumption, (2) private buildings or property without the owner’s consent, and (3) within 1,000 feet of a public demonstration.
“We are pleased that the court found Maryland’s draconian ‘anti-carry’ rule to be unconstitutional,” says SAF Executive Director Adam Kraut. “Such a provision flies in the face of this nation’s history and tradition. Of course, we will examine the court’s opinion and weigh our options for appeal to continue to challenge other provisions we believe are unconstitutional.”
SAF is joined by Maryland Shall Issue, the Firearms Policy Coalition and three private citizens, all of whom possess “wear and carry permits,” including Susan Burke of Reisterstown, Esther Rossberg of Baltimore and Katherine Novotny of Aberdeen, for whom the lawsuit is named. They are represented by attorneys David H. Thompson and Peter A. Patterson at Cooper & Kirk in Washington, D.C., Mark W. Pennak at Maryland Shall Issue in Baltimore and Matthew Larosiere from Lake Worth, Fla. The case was consolidated with a similar case known as Kipke v. Moore.
“We’re delighted by the court’s decision,” said SAF founder and Executive Vice President Alan M. Gottlieb. “This is just one more step in SAF’s ongoing effort to win firearms freedom, one lawsuit at a time.”
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