A federal appeals court on Tuesday upheld most of Maryland’s law banning guns in schools, government buildings, parks, sports venues, and other public places. The ruling affirms the state’s authority to restrict firearms in what the court calls “sensitive places.”
A three-judge panel of the 4th U.S. Circuit Court of Appeals said most of the dozen locations listed in Maryland law fall under the U.S. Supreme Court’s definition of sensitive places. The exception is private property open to the public, where the law requires guns to be banned without the property owner’s permission. The appeals court found this restriction too broad to be constitutional.
Circuit Judge Robert L. Gregory, writing for the court, said Maryland’s law would otherwise make most public areas “gun-free zones,” stretching the sensitive places doctrine beyond its intended scope. Circuit Judge Steven Agee partially dissented, agreeing that schools, government buildings, and health care facilities are sensitive places, but warning that extending the law to a long list of other public areas risks creating overly broad restrictions on firearms.
Gun rights advocates, including Maryland Shall Issue, said they were pleased the court struck down the private property rule. The group said it is considering whether to ask the full 4th Circuit to rehear the case or to appeal to the U.S. Supreme Court.
Governor Wes Moore called the ruling a “major win for public safety in Maryland.” In a statement, he said state officials will continue working with law enforcement and community partners to prevent illegal guns from entering neighborhoods while respecting the rights of responsible gun owners.
Maryland Attorney General Anthony Brown’s office declined comment, while Everytown Law, part of the Everytown for Gun Safety Support Fund, praised the ruling. Janet Carter, managing director of Second Amendment litigation at Everytown Law, said the decision aligns with a growing judicial consensus that gun restrictions in schools, parks, transit systems, and other sensitive places are constitutional and protect communities from harm.
The law, part of the Gun Rights Safety Act of 2023, bans guns in a wide range of places where people gather, including government buildings, public transportation, school grounds, within 1,000 feet of public demonstrations, state parks and forests, museums, health care facilities, stadiums, racetracks, amusement parks, casinos, and locations that sell alcohol.
The law was immediately challenged by two separate groups, including the Maryland State Rifle and Pistol Association and Maryland Shall Issue, citing First, Second, and 14th Amendment concerns. The cases were combined by U.S. District Judge George L. Russell III, who upheld most of the law in August 2024.
Judge Gregory noted that the case allowed the appeals court to examine the sensitive places exception under the U.S. Supreme Court’s 2022 decision in New York State Rifle and Pistol Association v. Bruen. That ruling requires courts to determine if gun regulations are consistent with historical traditions dating back to 1791, when the Bill of Rights was ratified. Laws without clear historical precedent must be judged on whether they are “analogous enough” to pass constitutional review.
The appeals court found historical examples to support Maryland’s restrictions in all listed public areas except private property open to the public. Schools and government buildings were clearly recognized as sensitive places by the Supreme Court. Agee said the majority’s ruling, aside from these locations, stretches the sensitive places doctrine too far and risks undermining core Second Amendment rights.
The ruling leaves Maryland’s Gun Rights Safety Act largely intact while emphasizing that sensitive places exceptions cannot be used as a blanket justification for broad gun restrictions. Legal experts say the case may eventually reach the U.S. Supreme Court to clarify how far states can go in limiting firearms in public spaces.
