September 9th, 2023 by WCBC Radio

Maryland Attorney General Anthony G. Brown today filed an amicus brief in Maryland Shall Issue, Inc., et al v. Montgomery County, Maryland supporting the right of Maryland counties to adopt local gun violence prevention laws. The lawsuit, brought by a gun rights advocacy group, challenges recently enacted Montgomery County laws that limit access by children to untraceable “ghost guns” and restrict possession of guns near sensitive locations in the county.

The brief, filed in the Circuit Court for Montgomery County, asks the court to enter judgment in favor of Montgomery County and uphold the challenged county laws. In the brief, Attorney General Brown argues that the challenged county laws do not conflict with any Maryland state laws and, instead, fall squarely within the legal authority of counties to pass gun laws with respect to children and within 100 yards of places of public assembly, such as parks, churches, schools, and public buildings, among other locations. The brief also explains that long-established advice given in public Opinions of the Office of the Attorney General supports the compatibility of the county laws with applicable state law.

“Gun violence is a disease that infects communities, traumatizes our young people, and tears families apart,” said Attorney General Brown. “By prioritizing the safety and welfare of young residents and keeping certain locations free from the presence of firearms, local authorities are lawfully doing what needs to be done to prevent tragedy. These laws will save lives.”   

The number of people injured or killed by gun violence in Maryland have been trending upward over the past decade, and guns are the leading cause of death of children and teens in Maryland and nationally. Passing local laws to prevent gun violence tragedies, the brief argues, is an appropriate and lawful action for Maryland counties to take.