Maryland law banning guns in ‘sensitive places’ largely upheld by Court of Appeals

(WBFF) — The Fourth Circuit Court of Appeals ruled today that Maryland’s law prohibiting guns in “sensitive places” is largely constitutional, siding with the state in a challenge brought by gun lobby groups and individuals.

The plaintiffs challenged the law on Second Amendment grounds, while the state referred to the “sensitive place exception” to the Second Amendment as first invoked in District of Columbia v. Heller (2008) to defend the law.

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“Today’s decision marks another major victory for public safety and a stinging defeat for the gun lobby. By upholding Maryland’s sensitive places law, the Fourth Circuit has joined a growing judicial consensus that it’s constitutional to protect our communities from the particular dangers guns present in locations like parks, school grounds, public transit systems, and bars,” said Janet Carter, managing director of Second Amendment litigation at Everytown Law. “It’s time for gun extremists to recognize that their efforts to undermine these life-saving protections are as futile as they are reckless.”

The court’s decision specified multiple locations determined as “sensitive places” that the law may apply to. The law prohibiting guns in the following places was ruled constitutional:

• Government buildings (unanimous)
• Public transportation
• School grounds (unanimous)
• Within 1,000 feet of a public demonstration
• State parks and forests
• Museums
• Healthcare facilities (unanimous)
• Stadiums, racetracks, amusement parks, and casinos
• Locations that sell alcohol
• Private property no held open to the public (unanimous)

The court unanimously ruled one aspect of the law as unconstitutional: a prohibition on carrying guns on private property held open to the public (unless the property owner gives consent).

All aspects of the decision affirmed the district court ruling except two: within 1,000 feet of a public demonstration and locations that sell alcohol. That pair was a reversal from the district court’s initial ruling.

The overall issue of banning firearms in “sensitive locations” is currently before the U.S. Supreme Court in Wolford v. Lopez. That case concerns laws in Hawaii and California banning firearms in certain “sensitive locations,” similar to Maryland’s. Oral arguments were heard for that case on Tuesday, January 20.