Maryland Appeals Court Upholds Gun Ban in Public Spaces

On January 21, 2026, the 4th U.S. Circuit Court of Appeals upheld Maryland's law prohibiting firearms in various public settings, including school grounds, government buildings, parks, and areas within 1,000 feet of public demonstrations. The three-judge panel determined that most locations specified in Maryland's law qualify as "sensitive places," where the government can restrict Second Amendment rights. However, the court found that the law's prohibition on firearms in "private property held open to the public" was unconstitutionally broad, as it could effectively label most public areas as gun-free zones.

Appeals court upholds most of Maryland ban on weapons in schools, parks, other public places

The ruling stemmed from challenges to the Gun Rights Safety Act of 2023, which bans firearms in numerous public venues, including public transportation, health care facilities, and locations that sell alcohol. The law faced opposition from gun rights advocates, including Mark Pennak, president of Maryland Shall Issue, who expressed satisfaction with the court's decision regarding private property but indicated that further legal options were being considered. The case was initially combined from two separate challenges, one led by Susannah Warner Kipke and the Maryland State Rifle and Pistol Association, and another by Katherine Novotny and Maryland Shall Issue.

Appeals court upholds most of Maryland ban on weapons in schools, parks, other public places

The court's decision aligns with the U.S. Supreme Court's 2022 ruling in New York State Rifle and Pistol Association v. Bruen, which emphasized that gun regulations must be consistent with historical traditions. Circuit Judge Robert L. Gregory noted that the Supreme Court has historically recognized schools and government buildings as sensitive places. The ruling reinforces a growing judicial consensus on the constitutionality of restricting firearms in specific public areas to enhance community safety.

Appeals court upholds most of Maryland ban on weapons in schools, parks, other public places

Despite the majority ruling, Circuit Judge Steven Agee dissented on the broader application of the sensitive places doctrine. He argued that extending the definition to include various public venues could lead to excessive restrictions on the Second Amendment rights. Agee emphasized that the Supreme Court's historical inquiry should guide the interpretation of firearm regulations, suggesting that many of the locations listed in Maryland's law lack historical precedents justifying such prohibitions.

Appeals court upholds most of Maryland ban on weapons in schools, parks, other public places

Maryland Governor Wes Moore characterized the ruling as a significant victory for public safety, stating, "We will continue working with law enforcement, community leaders, and partners across the state to keep illegal guns off our streets." Meanwhile, Everytown Law, representing gun control advocates, welcomed the decision, asserting that it reflects a necessary legal framework to protect communities from gun violence.

Appeals court upholds most of Maryland ban on weapons in schools, parks, other public places

Following the ruling, gun rights advocates may seek to have the case reheard by the full 4th Circuit or appeal to the U.S. Supreme Court. The ongoing legal discourse surrounding the sensitive places doctrine and Second Amendment rights is expected to continue, as both sides evaluate their next steps in response to the court's decision.

Appeals court upholds most of Maryland ban on weapons in schools, parks, other public places