At least four local and state firearm regulation measures in Maryland have been called into question or overturned by the courts, 2024 legislative session will likely see renewed efforts.
The 2024 legislative issue preview from the Department of Legislative Services (DLS) has highlighted firearm regulation as a potential priority of lawmakers during the upcoming session. Since the 2022 Supreme Court decision in New York State Rifle & Pistol Assn., Inc. v. Bruen, there has been a recalibration across the country for local and state firearm regulations. Since the ruling, at least 450 lower court cases concerning the Second Amendment have analyzed the law, more than double the number from Heller, a previous impactful Second Amendment decision in 2008.
From the 2o24 DLS issue preview:
Considering recent developments and the uncertainty in the outcomes of the pending litigation in the State and across the nation, Maryland could see a broad range of firearm-related legislation during the 2024 session, including legislation seeking to implement components from newly enacted firearm laws from other states as well as legislation similar to that proposed during the 2023 session that challenges existing firearm restrictions.
In Maryland, laws previously on the books, and some added during the 2023 legislative session, have felt the ripple effects of the 2022 decision. In a recent Washington Post article, political leadership across the state expressed frustration and a commitment to consider a number of appeals and potential legislative avenues to reinstate some provisions. But the effort will not be without its challenges, according to Senate leadership.
From the Washington Post article:
“We’ll have to look at this and subsequent decisions in the months ahead — we’re in uncharted waters,” said state Sen. William C. Smith Jr. (D-Montgomery), chairman of the Judicial Proceedings Committee, whose panel has jurisdiction over Maryland gun laws.
Counties including Anne Arundel and Montgomery have found themselves in court defending local statutes defining rules for firearms since the Bruen decision. Anne Arundel’s case in particular could have national repercussions for warning labels on firearms, as well as additional products with the potential to cause harm.
