Novotny v. Moore - Challenge to 2023 SB 1

msilogo ladyjusticesm

9/30/2023

On behalf of our members and in partnership with the Second Amendment Foundation and Firearms Policy Coalition, Maryland Shall Issue and three individual plaintiffs are challenging unconstitutional aspects of SB 1, the so-called “Gun Safety Act of 2023” in the US District Court for the District of Maryland. SB 1 effectively nullifies the "general right to carry in public" for carry permit holders confirmed by the Supreme Court's decision NYSRPA v. Bruen just this last June. It does so by banning firearms in a whole host of locations otherwise open to the public, including places like stores and shops, restaurants, museums, and healthcare facilities. The suit also challenges the general ban on possession of firearms on public transit owned or controlled by the State Mass Transit Administration and in the tens of thousands of acres of woodlands in State parks, State forests, and State Chesapeake forest lands. We have every confidence that we will prevail in whole or in part in this suit.

Find the complaint in Novotny v. Moore HERE.

Enforcement of SB 1 Preliminarily Enjoined In Part:  On September 29, 2023, a federal district court enjoined enforcement of (1) that part of SB1 that presumptively banned carry by permit holders in privately owned buildings otherwise open to the public (2) that part of SB1 that flatly banned (except by the owner) firearms in locations licensed to serve alcohol for on-site consumption, and (3) that part of existing State law that banned firearms within 1000 feet of a demonstration. The Court's opinion can be found HERE and the Court's order can be found HERE. 

A guide on the effects of the recent changes to legal handgun carry in Maryland can be found HERE.


Case Documents and History
US District Court for the District of Maryland Case# 1:23-cv-01295
(Note: this case has been consolidated with Kipke v. Moore. Filings before 7/13/23 reflect those submitted in Novotny, but all prospective filings will be added below.)

5/16/23 - Complaint
5/18/23 - Case Reassigned to Judge Richard D. Bennett. Magistrate Judge Beth P. Gesner no longer assigned to the case.
5/24/23 - Motion for Preliminary Injunction
5/24/23 - Memorandum in Support of Motion for Preliminary Injunction
5/25/23 - Case Reassigned to Chief Judge James K. Bredar. Judge Richard D. Bennett no longer assigned to the case.
5/25/23 - Case Reassigned to Judge George Levi Russell, III. Chief Judge James K. Bredar no longer assigned to the case.
5/30/23 - Consent MOTION for Extension of Time to File Response/Reply to Complaint by Defendants
5/30/23 - MOTION for Extension of Time to File Response/Reply to Motion for Preliminary Injunction by Defendants
5/30/23 - ORDER granting Consent MOTION for Extension of Time to File Response/Reply to Complaint; time to respond is extended to June 28, 2023. Signed by Judge George Levi Russell, III on 5/30/2023.
5/30/23 - ORDER granting MOTION for Extension of Time to File Response/Reply to Motion for Preliminary Injunction; deadline to respond is extended to June 28, 2023. Signed by Judge George Levi Russell, III on 5/30/2023.
5/31/23 - Defendants' Motion to Consolidate Cases (with Kipke v. Moore)
6/1/23 - ORDER: SCHEDULING TELEPHONE STATUS CONFERENCE on Friday June 9, 2023 at 11:00a.m.
6/1/23 - Plaintiffs' Corrected Response in Opposition to Defendants' Motion to Consolidate Cases
6/9/23 - Defendants' Memorandum in Support of Motion to Consolidate Cases
6/26/23 - Defendants' Consent Motion for Leave to File Memoranda of Law Exceeding Page Limits
6/28/23 - Defendants' Motion to Dismiss for Failure to State a Claim and Opposition to Preliminary Injunction
6/28/23 - Defendants’ Consolidated Memorandum of Law in Support of Motion to Dismiss and Opposition to Plaintiffs’ Motion for Preliminary Injunction
7/12/23 - Plaintiffs’ Consolidated Reply Memorandum in Support of Motion for Preliminary Injunction and Memorandum in Opposition To Defendants’ Motion To Dismiss
7/13/23 - ORDER granting 30 Defendants' Motion to Consolidate Cases; consolidating cases GLR-23-1293 and GLR-23-1295 with Kipke as the lead case. Signed by Judge George Levi Russell, III on 7/13/2023.
7/20/23 - Novotny Plaintiffs' Motion for Summary Judgment and Briefing Schedule
8/2/23 - Defendants’ Reply Memorandum in Support of Motion to Dismiss the Novotny Complaint
9
/29/23 - Opinion and Order Enjoining Enforcement of SB1 in Part

Novotny v Moore Federal District Court Docket Available at CourtListener HERE.

Kipke v Moore Federal District Court Docket Available at CourtListener HERE.

Print Email


Latest News

August 2023 Legal Update

Novotny v. Moore - Challenge against aspects of SB 1 and current public carry restrictions

Maryland Shall Issue, the Second Amendment Foundation, the Firearms Policy Coalition, and three individuals have challenged SB 1. That bill passed this last Session of the General Assembly places many unconstitutional restrictions on the right to carry with a permit in Maryland. The case is styled Novotny v. Moore and has been consolidated with Kipke v. Moore in federal district court in Baltimore. Kipke was brought by the Maryland State Rifle and Pistol Association. Plaintiffs in both cases have filed motions for preliminary injunctions and motions for summary judgment with the aim of stopping enforcement of certain restrictions placed by SB 1 by October 1st, the bill’s effective date. Briefing is ongoing in both cases and then the court will decide whether to hold an oral argument and simply move to the issuance of a decision. The court is not required to decide the case within any set time. We will provide updates of importance as they occur. Find all of the filings in both of these cases HERE.

Contact Info

Mailing Address:

Maryland Shall Issue®, Inc.
9613 Harford Rd
Ste C #1015
Baltimore, MD 21234-2150

Phone:  410-849-9197
Email: 
Web:   www.marylandshallissue.org