SB1 - Injunctive relief is provided for private property, locations that sell alcohol, and public demonstrations.

[ToneGrail]

https://storage.courtlistener.com/recap/gov.uscourts.mdd.536809/gov.uscourts.mdd.536809.31.0.pdf

I don't see anything in there that distinguishes between a private dwelling and private business open to the public concerning affirmative permission to carry.

 

[Phoenix_1295]

I don't see anything in there that distinguishes between a private dwelling and private business open to the public concerning affirmative permission to carry.

If you read the law, then the order it will be clear. There is a section in the law that references property, buildings, and dwellings. (On page 80 of the file linked below.)

https://www.2amaryland.org/legislative/2023/MARYLAND_GUN_LAWS_2023.pdf

 

[swinokur]

I see what you did there... pretty clever!

Confucius said it first

 

[Ponder_MD]

Was it just me or didn't it feel pretty damn good to conceal carry today? Same sensation I had when my w&c permit arrived in the mail

I'm not faulting or judging you at all, but all I feel is a heavy burden of responsibility.

 

[ras_oscar]

Folks can find the answers to the majority of their questions by reading the two files, below. The first one is a compilation of applicable Maryland firearms laws as they will be on October 1, and the second is the recent injunction order. By reading the laws, first, then reading the injunction, it’s very clear as to what applies and what does not apply.

2A Maryland _ 2023 updated handgun laws:
Title 4 Subtitle 1 §4-111 (pages 34-38)
Title 4 Subtitle 6 §6-411 (pages 80-81)
https://www.2amaryland.org/legislative/2023/MARYLAND_GUN_LAWS_2023.pdf

Injunction filed 9/29/23
https://storage.courtlistener.com/recap/gov.uscourts.mdd.536809/gov.uscourts.mdd.536809.32.0.pdf

[edited for typo]

Thanks for the first source information. Where can I find the similar first source information on the status of the expected appeal of the injunction?

 

[Phoenix_1295]

Thanks for the first source information. Where can I find the similar first source information on the status of the expected appeal of the injunction?

Here is the Kipke v Moore page.

Kipke v. Moore, 1:23-cv-01293 - CourtListener.com

Docket for Kipke v. Moore, 1:23-cv-01293 — Brought to you by Free Law Project, a non-profit dedicated to creating high quality open legal information.

www.courtlistener.com

 

[ChannelCat]

So, it appears as though someone won't be in danger of being arrested from carrying an unloaded pistol in a gym bag though the parking lot of Cindy's Hot Shots to do a little plinking.

2618 Annapolis Rd · 2618 Annapolis Rd, Severn, MD 21144

2618 Annapolis Rd, Severn, MD 21144

www.google.com

...but is that same person in danger of being arrested for carrying that same unloaded pistol in the the same gym bag in the trunk of a vehicle going up the BW parkway and down 175??

 

[ras_oscar]

Here is the Kipke v Moore page.

Kipke v. Moore, 1:23-cv-01293 - CourtListener.com

Docket for Kipke v. Moore, 1:23-cv-01293 — Brought to you by Free Law Project, a non-profit dedicated to creating high quality open legal information.

www.courtlistener.com

Thanks once again.

I know there is a bit of art to reading court filings. I noticed there was no automatic 10 day stay on the injunction to permit the state to appeal. Is it reasonable to opine that that the judge has spoken to the defendants unofficially and learned there is not expected to be an appeal of the injunction prior to trial?

 

[Occam]

So, it appears as though someone won't be in danger of being arrested from carrying an unloaded pistol in a gym bag though the parking lot of Cindy's Hot Shots to do a little plinking.

...but is that same person in danger of being arrested for carrying that same unloaded pistol in the the same gym bag in the trunk of a vehicle going up the BW parkway and down 175??

Are you talking about with, or without a W&C permit?

 

[Biggfoot44]

Is it reasonable to opine that that the judge has spoken to the defendants unofficially and learned there is not expected to be an appeal of the injunction prior to trial?

Too much of a leap to draw a default conclusion in either ( any) direction .

 

[Biggfoot44]

So, it appears as though someone won't be in danger of being arrested from carrying an unloaded pistol in a gym bag though the parking lot of Cindy's Hot Shots to do a little plinking.

2618 Annapolis Rd · 2618 Annapolis Rd, Severn, MD 21144

2618 Annapolis Rd, Severn, MD 21144

www.google.com

...but is that same person in danger of being arrested for carrying that same unloaded pistol in the the same gym bag in the trunk of a vehicle going up the BW parkway and down 175??

Taking a leap of assumption that said hypothetical person is going to/ from said Cindy Hot Shots , and doesn't have a W&C , and their route of travel only Includes B-W Parkway & rt 175 , tben probably not require locked case .

But yeah , I had to put enough caveats and assumptions into that statement .

So between now and December 31 , I'll be generous , and not accuse anyone of BGOS for transporting with locked case . Kind of a 90 day window for everyone to get up to speed , and learn all the sensitive boundaries .

 

[johnkn]

Injunction article from MSN.com just now, Mark and MSI mentioned by name.

MSN

.

 

[Deep Lurker]

I don't see anything in there that distinguishes between a private dwelling and private business open to the public concerning affirmative permission to carry.

If you read the law, then the order it will be clear. There is a section in the law that references property, buildings, and dwellings. (On page 80 of the file linked below.)

https://www.2amaryland.org/legislative/2023/MARYLAND_GUN_LAWS_2023.pdf

The State filed a motion today asserting the relief granted in the PI enjoining enforcement of restrictions on carry without the owner’s consent in private dwellings was error.

The State asserts the original PI order enjoined enforcement of the restrictions in both dwellings as well as buildings containing businesses open to the public, but neither Novotny nor Kipke challenged the restrictions on carry without consent in dwellings, thus plaintiffs are not entitled to this relief in the PI:

https://storage.courtlistener.com/recap/gov.uscourts.mdd.536809/gov.uscourts.mdd.536809.33.0.pdf

 

[Blacksmith101]

Taking a leap of assumption that said hypothetical person is going to/ from said Cindy Hot Shots , and doesn't have a W&C , and their route of travel only Includes B-W Parkway & rt 175 , tben probably not require locked case .

But yeah , I had to put enough caveats and assumptions into that statement .

So between now and December 31 , I'll be generous , and not accuse anyone of BGOS for transporting with locked case . Kind of a 90 day window for everyone to get up to speed , and learn all the sensitive boundaries .

A dollar store luggage lock through the zipper tab of the gym bag and a sewn loop turns a gym bag or a pistol rug into a locked case.

Pistol rug with locking loop:

https://www.cabelas.com/shop/en/rangemaxx-soft-handgun-case?ds_e=MICROSOFT&ds_c=Cabelas%7CShopping%7CSmart%7CCatchAll%7CGeneral%7CNAud%7CNVol%7CNMT&&&&&msclkid=48d21888a6f01b9dc8067d93bdc126f8&gclsrc=ds

Cheap Locks:
Amazon product ASIN B07K43GWJF

 

[BW460]

Fox45 did an article on this.

Federal judge halts key provisions of Maryland's Gun Safety Act just before enactment

Less than 48 hours before Maryland’s restrictive Gun Safety Act of 2023 was scheduled to become state law, a federal judge issued a court ruling preventing cert

foxbaltimore.com

In it, they listed places still off limits and listed "a location licensed to sell or dispense alcohol or cannabis for on-site consumption" as one of the still off limits places. Where do they get that from? I didn't see that in the order.

 

[thomfantomas]

The State filed a motion today asserting the relief granted in the PI enjoining enforcement of restrictions on carry without the owner’s consent in private dwellings was error.

The State asserts the original PI order enjoined enforcement of the restrictions in both dwellings as well as buildings containing businesses open to the public, but neither Novotny nor Kipke challenged the restrictions on carry without consent in dwellings, thus plaintiffs are not entitled to this relief in the PI:

https://storage.courtlistener.com/recap/gov.uscourts.mdd.536809/gov.uscourts.mdd.536809.33.0.pdf

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A motion of a temper tantrum,but how could this overturn the partial preliminary injunction????

 

[Phoenix_1295]

Fox45 did an article on this.

Federal judge halts key provisions of Maryland's Gun Safety Act just before enactment

Less than 48 hours before Maryland’s restrictive Gun Safety Act of 2023 was scheduled to become state law, a federal judge issued a court ruling preventing cert

foxbaltimore.com

In it, they listed places still off limits and listed "a location licensed to sell or dispense alcohol or cannabis for on-site consumption" as one of the still off limits places. Where do they get that from? I didn't see that in the order.

A number of the media companies are listing all places in the bill, even after they mention the PI. Just go by the bill and PI - the news folks are very unreliable.

 

[Phoenix_1295]

A motion of a temper tantrum,but how could this overturn the partial preliminary injunction????

It simply is a clerical clarification that the PI does not apply to private dwellings. No impact on us from the intent/meaning of the PI.

 

[FatTony]

Fox45 did an article on this.

Federal judge halts key provisions of Maryland's Gun Safety Act just before enactment

Less than 48 hours before Maryland’s restrictive Gun Safety Act of 2023 was scheduled to become state law, a federal judge issued a court ruling preventing cert

foxbaltimore.com

In it, they listed places still off limits and listed "a location licensed to sell or dispense alcohol or cannabis for on-site consumption" as one of the still off limits places. Where do they get that from? I didn't see that in the order.

Quite a few media outlets, large and small have published story's about "Maryland's new gun law effective Oct. 1" with no mention of the PI.
we could chock this up to poor journalism or my take is media outlets are towing the line to push the gun control narrative and purposely not acknowledging the PI.

 

[Harrys]

Before all the hoopla you could carry in a MD WWMA. Has this gone away with the new BS laws?