Fourth Circuit Upholds Maryland Handgun Restrictions
Since the Supreme Court’s landmark 2022 decision in Bruen, courts must use a "history and tradition" test to evaluate gun laws. To justify a restriction, the government must show that the law is consistent with the nation’s historical tradition of firearm regulation.
In response to Bruen, Maryland imposed restrictions on where handguns can be carried based on the idea that certain locations are so sensitive that firearms can be banned there without violating the Constitution. In this case, Maryland defended various bans by labeling a wide array of locations as "sensitive".
Where the Court Upheld Firearm Bans
The Fourth Circuit affirmed that Maryland can legally prohibit firearms in certain locations. The court found these restrictions aligned with historical precedents or the Supreme Court’s own guidance:
Government Buildings and Schools: The court unanimously held that bans in government-owned or leased buildings and on school grounds are constitutional. The Supreme Court has previously identified these as "settled" sensitive places.
Mass Transit: The court upheld the ban on firearms in Maryland’s transit vehicles (buses, subways, and commuter trains) and facilities. The majority reasoned that the government acts as a "proprietor" when running a transit system and has the power to manage its property for public safety, much like a private business owner.
Healthcare Facilities: Prohibitions in hospitals and surgical centers were upheld because they serve "vulnerable populations," which the court noted has a long history of being protected by firearm regulations.
Places of Amusement: The court found that bans at stadiums, racetracks, casinos, museums, and amusement parks are constitutional. It noted a tradition of regulating firearms in crowded places of "educational and scientific opportunity" or social gathering.
State Parks and Forests: The court joined other circuits in ruling that bans in urban public parks and state forests are constitutional to preserve the "tranquility" of these spaces.
Public Demonstrations: The court reversed a lower court ruling and held that Maryland can prohibit firearms within 1,000 feet of a public demonstration once a law enforcement officer has ordered a person to leave. The majority tied this to the First Amendment right to "peaceably" assemble, noting that armed assemblies have historically been viewed as a greater threat to public peace.
Alcohol-Selling Locations: The court also reversed a lower court to uphold the ban on firearms in locations licensed to sell alcohol for on-site consumption. It cited a "well-established tradition" of mitigating the dangers of mixing firearms with alcohol.
Where the Court Struck Down the Law
The most significant win for the plaintiffs involved private property held open to the public (such as retail stores or businesses). Maryland law attempted to make it illegal to carry a gun onto private property unless the owner had "posted a clear and conspicuous sign" or given express permission. The court ruled this unconstitutional, finding no historical tradition that would allow the state to declare almost all private businesses "gun-free zones" by default.
While individual property owners still have the absolute right to ban guns on their own premises, the state cannot make that "no-carry" status the default legal requirement for all businesses.
The Dissenting View
Judge Agee wrote a partial dissent, arguing that the majority was too lenient in accepting "sensitive place" labels. He contended that many of the upheld bans—such as those on mass transit, in parks, and at public demonstrations—violate the Second Amendment because the state failed to provide strong evidence of "Founding-era" analogues for such broad restrictions. He warned that the majority's approach could allow legislatures to "eviscerate" the general right to public carry by simply listing more locations as "sensitive".
Summary for Citizens
For Maryland residents and gun owners, this ruling means:
Strict Compliance Required: You still cannot carry in schools, government buildings, hospitals, parks, stadiums, casinos, or on public transit.
Private Property Default: You can carry on private property that is open to the public (like stores) unless the owner has posted a sign or otherwise told you firearms are not allowed.
Demonstrations and Alcohol: Be aware that carrying near a protest (after police notice) or in a bar/restaurant that serves alcohol remains illegal under this ruling.
This case highlights the continued litigation over Bruen’s “history and tradition” standard as related to the Second Amendment.