An interesting Second Amendment case may be making its way to the Supreme Court soon involving reciprocity and post-Bruen state resistance to Second Amendment rights.
“The case is Gardner v. Maryland. It is a challenge to Maryland’s concealed carry laws, as it dealt with out of state residents as it was pre-Bruen. It has an amazing fact pattern, one that a plaintiff’s attorney, a petitioning attorney, would love nothing more to have.
A lot of people missed it because it was a “pro se petition,” i.e. filed by the person involved rather than a lawyer.
“Now it’s sitting on petition to the United States Supreme Court.”
“Our good friend Kostas Moros over at the Second Amendment Foundation is geeking out on the video.”
“And he also comes to the conclusion, number one, Miss Gardner had gotten completely effed by Maryland law. And number two, you really could not ask for a better fact pattern.”
“So he convinces the Second Amendment Foundation to actually do an amicus brief in support of her petition, and also starts using his platforms to publicize this case which then leads to Miss Gardner no longer being a pro se petitioner. She now has counsel. In fact, she has very, very competent counsel representing her.”
“But that’s only the beginning of the cool news.”
“What once started as a pro se petition by a woman who absolutely got completely hosed by an unconstitutional licensing scheme now has amicus briefs in support of her petition from the following groups.”
“There’s an amicus brief from the Second Amendment Foundation, co-authored with the NRA, Second Amendment Law Center, California Rifle and Pistol Association, the Citizens Committee on the Right to Keep and Bear Arms, and the Minnesota Gun Owners Caucus.
“But that’s just the beginning of the good news, because guess who else has filed amicus briefs in support of Ava Marie Gardner’s petition? the Cato Institute, the Heller Foundation, 24 attorneys general, spearheaded by the states of Virginia and New Hampshire,” including Texas AG Ken Paxton.
“And an amicus brief from Senators Ted Cruz, and all of these other members of the United States Senate.”
“Ava Marie Gardner is a lawful and responsible gun owner residing in the state of Virginia. And yes, she has a valid Virginia concealed carry license.”
“She’s traveling through Montgomery County, Maryland, specifically on Interstate 270. A road rager intentionally strikes Miss Gardner’s car and forces her off the road. Now, after both cars come to a stop, the other driver gets out of his car and starts rushing towards Miss Gardner’s car.”
“She initially screams at him to stop, but that doesn’t seem to work. So, then she displays her firearm and stops the threat. And I want
you to understand that she merely displayed it, did not discharge it. There was no allegation of her pointing it at it. It was just the display of the firearm.”
But then, well, after police arrived, the only person arrested was Miss Gardner.”
“For unlawful display of a firearm? Nope. For assault? Nope. No. In fact, the only thing that Miss Gardner was arrested for fell under Maryland Code of Criminal Law Section 4-203A, which says that you cannot have a firearm on your person or in your vehicle unless you are properly licensed by the state of Maryland.”
This case goes back and the law that Maryland was using for their concealed carry license at the time made it actually impossible. So that even had Miss Gardner wanted to try to get a Maryland license, she in all likelihood would have never obtained one.”
“At the time, in order to get a Maryland concealed carry license,
one had to one show good and substantial reason. That’s right. they were still operating under the “may issue” standard. So you actually had to prove up a reason as they saw fit for you to actually be able to carry a firearm.”
“And then in addition to that too, you had to have 16 hours of instruction which of course was only available in Maryland.”:
“And then let us remember that also at the time the state of Maryland offered absolutely no reciprocity whatsoever. So she would have never been able to obtain a Maryland license because she was an out of state resident even if they offered some kind of semblance to an out of state resident.”
“So it was basically impossible for Miss Gardner to get a Maryland license.”
So Maryland arrested Gardner for not possessing a license that they never would have allowed her to obtain.
Hopefully the Supreme Court will take up the case and remind deep blue states that Second Amendment rights are not optional.
You may remember New Mexico Democratic Governor Lujan Grisham from such previous hits as I can unilaterally suspend parts of the Constitution I don’t like by decree. She made the foolish decision to try to extend her illegal decree, and was smacked down yet again by the courts. Here’s William Kirk of Washington Gun Law on the case:
“The case we’re talking about today is Springer v Grisham. This is one of many many challenges to Governor Michelle Lujan Grisham’s gubernatorial order, where she sua sponte suspended the Second Amendment rights of everybody in the city of Albuquerque as well as the surrounding county.”
“There was certain parts of that order that were stripped down right away by the courts, but there are other parts that kept going.”
“A gubernatorial order on a public health emergency. Where have we ever seen that before?”
“In the the People’s Republic of Washington, we had a public health emergency a few years ago, where our governor promised us 15 days to flatten the curve and he shut down the whole state…after almost 900 days, 900 days, the governor finally released most of his emergency power.”
Grisham keeps extending the emergency gun order.
“The two issues that were challenged here in Springer were governor Grisham’s prohibition on firearms in parks and in playgrounds, and this ended up before the United States district court for the District of New Mexico and the judge here has enjoined the order on parks.”
“The restrictions on the playgrounds still remain in effect.” Per the decision: “The government has demonstrated that playgrounds are analogous to sensitive places where there is a longstanding history of firearm regulations.” Responsible gun owners may argue against this on a the basis of logic (lawfully armed citizens prevent unlawful behavior), but at least the court is now applying the Bruen decision.
Indeed, the decision itself states “defendants have not satisfied the test set forth in Bruen at this stage, as they have not demonstrated a historical tradition of prohibiting the carrying of firearms in public parks. The Court therefore enters a preliminary injunction enjoining the public health order to the extent it prohibits carrying firearms in public parks in Bernalillo County and Albuquerque, New Mexico.” Just the fact that district courts are now citing Bruen in the first pages of their decisions is a huge win.
WK: “There is a litany of case law out there that says ‘Listen, if you’re violating a constitutional right in general, then we will presume that to be irreparable harm. So we’re talking about the violation of one’s Second Amendment rights, this activity is clearly covered by the plain text of the Second Amendment. So the Court’s willingness to enjoin this law is incredibly positive, because it also shows the court believe that the plaintiffs are likely to prevail.”
New Mexico relied heavily on the case Maryland Shall Issue Inc. vs. Montgomery County, but the decision pointed out that was decided pre-Bruen.
By actually applying the Bruen test, and using it to strike down half of the remaining decree, the courts have giving gun owners at east three-fourths of a loaf here.
I don’t usually cover state level gun lawsuits (and Texas is pro-Second Amendment enough that they aren’t necessary here), but Washington State vs. Gator’s Guns is interesting, in that Washington State’s unconstitutional “high” (i.e. standard) capacity magazine ban has a good chance of being thrown out as unconstitutional.
Unlike two other cases challenging the law, Washington state’s Democratic Attorney General Bob Ferguson is the one suing Gator’s Guns. That means the case will be tried in rural Cowlitz County, as Ferguson can’t get the venue moved to liberal, urban Thurston County.
Pete Serrano of the Silent Majority Foundation: “We’ve had several hearings before judge [Gary] Basher, the presiding judge in this jurisdiction, who said ‘I want to know whether or not this ban is constitutional. Everything else can come in on the back end.'”
The AG’s playbook on cases in Kings and Pierce County was radically different. Serrano: “The Attorney General came in hard, fast, hit the person, and either tried to extract the settlement agreement or punish them immediately and had a favorable venue.”
Usually scheduling order hearings are uneventful things that can be done by Zoom. Not this one. Serrano: “Here the judge ordered us into the court in person on Monday and said ‘Listen, you guys can’t get the scheduling together because we’re pushing to have this thing done and heard by the end of 2023.'” The AG is trying to drag things out well into 2024.
The constitutional issues in the case have been covered before. Serrano: “We’ve briefed it in Brumback [vs. Ferguson], we’ve seen it briefed in other cases throughout the state and.”
“You have [U.S. District] Judge [Roger] Benitez’s opinion on the same thing in California.”
Washington Gun Law President William Kirk: “Let’s also remember that a lot of the case law that we’re talking about on the assault weapon bans, is also similar case law that would be cited in a magazine ban case as well.” I suspect this is a reference to Bruen. One thing I haven’t seen in this video or the snippets on this case online is how Bruen has changed the burden of proof on government regulation of citizen firearms.
Serrano: “There’s nothing really original here.”
Kirk: “Did the Attorney General bite off a little more than they could chew on this one?”
Serrano: “Oh absolutely…It was like here’s a gift from God. Or, you know definitely not God, but from Bob Ferguson. It’s [a gift] from Satan…He’s going to go into a rural small conservative county and sue someone who allegedly sold over a thousand of these magazines.”
In 12 years, Cowlitz County has gone from mild blue to deep red.
This is the sort of magazine ban I can see being struck down even before Bruen. In light of the the post-Bruen environment, it’s hard to believe it won’t get struck down.
Only stubborn Democratic dedication to complete civilian disarmament keeps the Bob Fergusons of the world trying to impose gun control methods that have already been found unconstitutional.