Legal/Law/Criminal Justice and Reform

Maryland Throws In Towel On ‘Vampire Rule’ At Supreme Court

MDGovpics, CC BY 4.0 <https://creativecommons.org/licenses/by/4.0>, via Wikimedia Commons

Maryland withdrew its request for the Supreme Court to hear its appeal of a ruling that struck down provisions of a “sensitive places” law on Monday.

Both Maryland and a group of plaintiffs, including the Firearms Policy Coalition (FPC) and the Second Amendment Foundation appealed a ruling by the United States Court of Appeals for the Fourth Circuit that rendered a split verdict on Maryland’s law banning the carrying of firearms in certain locations. The state dropped its appeal, while FPC’s petition remains active.

“Petitioners move under Rule 46 that their petition for writ of certiorari be dismissed,” the brief filing submitted Monday said. “All fees due the Clerk have been paid, and petitioners have assumed all the costs. Counsel for respondents have authorized counsel for petitioners to state that respondents join in this request.”

Maryland Democratic Attorney General Anthony Brown did not immediately respond to a request for comment from the DCNF.

Shortly after the Supreme Court struck down New York’s discretionary system for issuing concealed carry permits in June 2022, Maryland, Hawaii, California and other states enacted laws that imposed extensive restrictions on where permit holders could carry. In its ruling issued in January, the Fourth Circuit upheld most of Maryland’s restrictions.

“We hold that Maryland’s prohibition on carrying guns on private property held open to the public is unconstitutional and affirm the district court,” the panel’s opinion, written by Circuit Judge David Gregory, a George W. Bush appointee to the circuit, said. “With respect to property not held open to the public, however, we hold that Plaintiffs lack standing.”

The Supreme Court ruled in Wolford v. Lopez that Hawaii’s law requiring private property owners who wished to allow concealed carry on the premises to clearly post signs that carrying guns was allowed was unconstitutional.

In the majority opinion, Associate Justice Samuel Alito slammed attorneys representing Hawaii for citing a Louisiana law passed shortly after the Civil War to justify the restrictions in the “vampire law” while also taking aim at a 2024 state Supreme Court ruling that cited the “spirit of aloha.”