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Federal Judge Grants Partial Injunction In Maryland Case

Federal Judge Grants Partial Injunction In Maryland Case

A U.S. District Court judge in Maryland has granted in part a motion for a preliminary injunction in two cases—including one involving the Second Amendment Foundation—challenging Maryland’s “sensitive places” law, which is supposed to take effect Sunday.

The case, known as Novotny v. Moore, was filed earlier this year against the law, which places broad restrictions on where a legally-licensed private citizen may carry a firearm for personal protection. The decision by Judge George L. Russell, III consolidates the Novotny case with another action known as Kipke v. Moore.

Under the judge’s order, Maryland is enjoined from enforcing laws restricting the carrying of firearms in locations selling alcohol, private buildings or property without the owner’s consent, and within 1,000 feet of a public demonstration. However, he left intact the prohibitions on carry in health care facilities, school grounds, government buildings, museums, state parks and state forests, casinos, mass transit facilities, stadiums, racetracks, and amusement parks.

“This is certainly a good sign from the court,” said SAF Executive Director Adam Kraut. “We look forward to pursuing this case to a favorable conclusion.”

“We’re encouraged by Judge Russell’s order,” added SAF founder and Executive Vice President Alan M. Gottlieb. “Maryland is one of a handful of states that have adopted new statutes designed specifically to get around the U.S. Supreme Court’s ruling in the 2022 Bruen case, by spreading a very wide blanket over areas where lawful concealed carry is prohibited. This is a signal that sort of legislative waltzing is in trouble.”

SAF is joined in the case 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.

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