Supreme Court Decides Anne Arundel County Gun Law's Fate

ANNE ARUNDEL COUNTY, MD — The U.S. Supreme Court decided this week to let an Anne Arundel County gun law stand, requiring firearm dealers to distribute mental health literature.

Opponents unsuccessfully argued that the law violates the free speech rights of gun shops.

The Supreme Court on Monday denied a petition for a writ of certiorari in MD Shall Issue, Inc., et al. v. Anne Arundel County, MD.

That means the Supreme Court declined to hear the case, allowing the lower court's ruling upholding the gun law to stand.

Anne Arundel County passed a law in January 2022 that required gun dealers to give customers firearm safety, suicide prevention and nonviolent conflict resolution pamphlets. The law is known as Bill 108-21.

Gun rights lobbyist Maryland Shall Issue disputed the law, arguing that it forced firearm sellers to submit to compelled speech and violated their First Amendment rights.

Maryland Shall Issue in spring 2022 sued the county on behalf of:

• Field Traders LLC, a firearms dealer and manufacturer in Pasadena
• Cindy's Hot Shots, Inc., a shooting range and firearms dealer in Glen Burnie
• Pasadena Arms Inc., a firearms dealer in Pasadena
• Worth-A-Shot Inc., a firearms dealer in Millersville

Maryland Shall Issue lost its case in March 2023 in the U.S. District Court for Maryland. Its appeal then failed this January in the U.S. Court of Appeals for the Fourth Circuit.

In May, Maryland Shall Issue asked the Supreme Court to hear its case.

The nation's highest court declined that request this week, ending a years-long legal battle and letting the gun law remain on the books.

Anne Arundel County Executive Steuart Pittman (D) released this statement Tuesday, applauding the news:

“The Supreme Court’s decision to uphold our right to require gun retailers to distribute suicide prevention and conflict resolution pamphlets to customers is a validation of our efforts to curb gun-related deaths and suicides through education and targeted interventions.

“This law, which arose from the work of our Gun Violence Prevention Task Force, makes it possible for us to place life-saving information in the hands of those who need it most. While our right to take this step was challenged by Maryland Shall Issue, Inc. and four local gun shops, all courts that examined the law agreed that safety-focused and common-sense gun laws like ours are both constitutional and essential.

“My hope is that gun retailers recognize that providing this information is a good business practice, one that demonstrates their commitment to the safety of their customers and our communities.

“I want to thank Councilwoman Lisa Rodvien, our Department of Health’s Gun Violence Intervention Team, Attorney General Anthony Brown, the American Medical Association, MedChi, the American Academy of Pediatrics, the Maryland Psychiatric Society, Marylanders to Prevent Gun Violence, the Brady Center to Prevent Gun Violence, our outstanding Anne Arundel County Office of Law, and our outside counsel at Everytown Law and Hogan Lovells who all played a key role in helping to secure this victory.”

Maryland Shall Issue has not responded to Patch's request for a comment. We will update this story if the group replies.

Related:

• Federal Court Upholds Anne Arundel Firearm Law's Mental Health Rule
• Gun Dealers Must Give Mental Health Info In Anne Arundel, Court Rules
• Anne Arundel County Releases Gun Violence Prevention Plan
• 4 Anne Arundel Gun Dealers Sue County Over New Ordinance
• New Anne Arundel Gun Law Adds Safety Info Requirement For Sellers