Federal Judge Finds Numerous Maryland Guns Bans Unconstitutional

[Nemo288]

"U.S. District Judge Gerald L. Russell on August 2, 2024, found numerous Maryland gun bans aimed at concealed carriers to be unconstitutional.
After weighing the evidence, Russell sided with plaintiffs and granted Summary Judgment against Maryland's ban on concealed carry on private property without property owner's consent, as well as the bans on "carrying near public demonstrations or in locations selling alcohol for onsite-consumption."
Moreover, Russell noted that the three above-mentioned laws "will be permanently enjoined""

Federal Judge Finds Numerous Maryland Gun Bans Unconstitutional

 

[swsig]

Interesting. I wonder if this will affect gun-friendly Texas, which currently bans guns from retail businesses that derive 51% or more of their revenue from on-site consumption of alcoholic drinks.

 

[robertrwalsh]

That makes another federal judge who can read and can preform critical thinking functions. If this keeps up we will have a dozen or more.

 

[bushmaster1313]

Decision here

https://assets.nationbuilder.com/firearmspolicycoalition/pages/6756/attachments/original/1722622959/2024.08.02_057_OPINION.pdf?1722622959

 

[WCCPHD]

No problem, the anti-gun Fourth Circuit will overturn it.

 

[CH4]

No problem, the anti-gun Fourth Circuit will overturn it.

You know they will, in a heartbeat!

Lots of recent 2A favorable decisions made by district or superior court judges, only to be stayed and or overturned by a court of appeals. Knowing it’s unlikely SCOTUS will accept an interlocutory challenge, the appeals courts are slow walking their decisions.

 

[smoothshooter]

The State of Maryland and most of it’s municipalities will ignore the ruling and appeal it.
It is not a victory for us yet.

 

[ISCS Yoda]

Interesting. I wonder if this will affect gun-friendly Texas, which currently bans guns from retail businesses that derive 51% or more of their revenue from on-site consumption of alcoholic drinks.

I don't think anyone cares much about this but I always wonder when this odd statute will get to trial. Probably after someone gets arrested carrying a gun in a bar.

I was in a bar a few months ago with some friends and one of them got kicked out when a waitress spotted an OWB pistol under his coat. I was amazed that he let his coat open sufficiently to expose that gun in a bar but, well, then I remembered who I was dealing with and just laughed it off.

He came back after he either put the pistol in his car or concealed it under his shirt - I didn't ask which.....

 

[smoothshooter]

I don't think anyone cares much about this but I always wonder when this odd statute will get to trial. Probably after someone gets arrested carrying a gun in a bar.

I was in a bar a few months ago with some friends and one of them got kicked out when a waitress spotted an OWB pistol under his coat. I was amazed that he let his coat open sufficiently to expose that gun in a bar but, well, then I remembered who I was dealing with and just laughed it off.

He came back after he either put the pistol in his car or concealed it under his shirt - I didn't ask which.....

Bars and guns are a disaster waiting to happen.
Especially if you live in a socialist state.

 

[HeyJoe]

this decision is a mixed bag at best. many prohibited places to carry were allowed to stand

 

[WCCPHD]

Bars and guns are a disaster waiting to happen.
Especially if you live in a socialist state.

That's what the anti's in North Carolina said. The law changed effective October 1, 2013 and it had ZERO negative effect. It was the same argument that the anti's presented to keep the concealed handgun permit law off the books. It was the old "the streets will run red with blood" argument.

In NC you have to have a Concealed Handgun permit and cannot drink (or have the odor of alcohol on your breath) while carrying in a place with an on-premise ABC permit.

The premise owner can still post a no handgun sign and it is illegal to carry a firearm in the location.

The law does not apply to law enforcement officers, on or off duty as long as they are not drinking or have any previously consumed alcohol in their body.

 

[SMSgt]

IN FL, you cannot carry in a bar or "bar area," but you can sit in the dining area and have a drink while carrying. The law states one cannot "use" a firearm while intoxicated and goes further to define "Use" as having it "in hand." And then it further states all is okay if "used" in self defense. Might not be a plus in your self-defense argument, but it is legal.

 

[stansdds]

Seems to me that initially Virginia prohibited carrying in any establishment that served alcohol, but years later changed the law to just prohibit carrying if you consumed any alcoholic beverage.

 

[GaryS]

Every case has to start somewhere, so this is a good first step. Every case like this has the potential to cause a split between federal circuits and compel SCOTUS to grant cert and decide the issues once and for all.