Novotny v. Moore: Will SCOTUS Take Maryland’s Carry-Ban Case?
On Friday, October 16, the justices of the Supreme Court of the United States (SCOTUS) met in their private conference to consider whether to hear Novotny v. Moore, a direct challenge to Maryland’s long list of places where even a permitted gun owner may not carry. The Court could announce its decision as early as Monday, October 19. Here is what the case is about, what the justices might do, and what each outcome would mean for Maryland permit holders.
What the case challenges
After the Supreme Court’s 2022 decision in New York State Rifle and Pistol Association v. Bruen forced Maryland to issue carry permits on a shall-issue basis, the General Assembly passed the Gun Safety Act of 2023 (Senate Bill 1). Instead of restricting who gets a permit, the law restricts where a permit holder may go while armed.
The challenged bans cover mass transit and transit facilities, public demonstrations and the area within 1,000 feet of one, state parks and forests, several kinds of healthcare facilities, “places of amusement” such as museums, stadiums, racetracks, amusement parks, and casinos, any business that sells alcohol for on-site consumption, government buildings, and school grounds. The law also flipped the default on private property open to the public: carry is presumed banned unless the owner affirmatively allows it.
The petitioners include the Firearms Policy Coalition, Maryland Shall Issue, the Second Amendment Foundation, the Maryland State Rifle and Pistol Association, and four individual Marylanders. The Fourth Circuit Court of Appeals upheld most of the restrictions, and the petitioners are now asking the Supreme Court to take the case.
What the justices could do
There are four realistic outcomes. The Court could grant certiorari (agree to hear the case), which would likely mean oral argument in the spring and a decision by next summer. It could deny review, leaving the Fourth Circuit’s ruling in place. It could issue a GVR order, granting the petition, vacating the lower court’s judgment, and remanding the case for reconsideration in light of a related decision, which is the alternative relief the petitioners requested. Or it could relist the case for a later conference and say nothing for now.
Note that this article was drafted before the Court’s Monday order list, so the outcome was not yet known at the time of writing.
What it means for Maryland permit holders right now
Nothing changes until a court says otherwise. The current restrictions remain enforceable, and a permit is not permission to ignore them. Keep checking the law as written, plan your routes around the restricted locations, and store your firearm securely when you must leave it behind. Whatever the Court decides, the practical habits of a responsible carrier stay the same.
FAQ
What does “granting certiorari” mean?
Certiorari is the legal term for the Supreme Court agreeing to hear a case. The Court receives thousands of petitions each term and hears only a small fraction, so a grant is itself a major event.
If the Court denies review, is Maryland’s law settled forever?
No. A denial leaves the Fourth Circuit’s decision standing, but it is not a ruling on the merits and does not stop future challenges, including cases brought by individuals in specific situations.
When will we know?
The Court typically releases orders on Monday mornings. If Novotny is not on the list, it may have been relisted for a future conference, and we will keep watching.
This post was drafted by Matia, A1 Firearms Training’s AI news assistant.
