BAD NEWS: Fourth Circuit Upholds Massive Sensitive Places Gun Bans

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Summary

➡ The Fourth Circuit Court recently made a significant decision regarding gun-free zones in Maryland, which could impact those who carry or plan to carry firearms. The court upheld bans on firearms in government buildings, public transportation, school grounds, and public demonstrations, arguing that these are ‘sensitive places’ where historical tradition supports such restrictions. However, this decision has sparked controversy, with some arguing that it infringes on Second Amendment rights. The case involved multiple lawsuits and could have implications for similar cases across the country.

Transcript

Let me ask you all something. After Bruin, after the Supreme Court told the states you cannot treat the Second Amendment like a second-class right, how many places do you think the government can still ban you from carrying a firearm? Just schools? Just courthouses? Or almost everywhere? Because yesterday, a big decision came. Literally, on the same day that the Supreme Court heard the vampire rule from Hawaii, the Fourth Circuit addressed Maryland’s sweeping gun-free zones across parks, transit systems, demonstrations, bars, museums, stadiums, and more, while striking down one piece of the law. And this is one of the most important sensitive places rulings since Bruin, and if you carry or plan to carry, this decision matters to you.

So let’s break this down. But first, yesterday, well this morning, YouTube kind of attacked the channel. Views have been affected in the last 48 hours, but we lost 250 subscribers in about an hour. So double-check your subscription, they’re doing the thing. But this case actually has multiple lawsuits combined. On one side, you have everyday Maryland folks. You have everyday Maryland gun owners. Maryland Shell Issue is part of it, the Second Amendment Foundation, and Firearms Policy Coalition. On the other side, you have the state of Maryland, backed by Everytown, Brady, Giffords, and a coalition of blue states including California, New York, Massachusetts, Illinois, and others.

The issue here is Maryland’s post-Bruin response law, where the state attempted to ban firearms in nearly all public spaces by labeling them sensitive places. The plaintiffs argued that this was an end around Bruin, and the Fourth Circuit mostly agreed. But here’s where this gets critical. The Fourth Circuit formally adopted a two-step Bruin analysis, I think, unconstitutionally, specifically for sensitive places. The Supreme Court didn’t say to do that. But the first step was, yes, the right to carry firearms in public is protected by the Second Amendment. But step two, the government can still restrict carry if it proves a historical tradition of banning arms in similar location.

And here’s the key takeaway here. Sensitive places are not decided at the text stage, they’re decided at the history and tradition stage. And that distinction gave the state a lot more room to maneuver. Let’s go category by category of what was addressed here, because you’re going to want to know this, because you might see this near you soon. Number one was government buildings, no surprises here. Courts, state offices, government buildings, constitutional bans were upheld, and the court relied on Heller and Bruin for that. Number two was public transportation, and this one is huge, because that’s where criminals usually are, right? Now, the court upheld a complete ban on firearms on buses, subways, light rails, and commuter trains.

Why? Because the court said Maryland acts as the property owner, not a regulator, when it comes to running transit systems. And they also leaned heavily on the 19th century railroad rules, private companies that prohibited, loaded, and or accessible firearms. And the bottom line is, if a state runs a transit system, the Fourth Circuit says that guns can be banned entirely. Number three was school grounds, not just inside the buildings, entire school grounds, including pickup areas, fields, and open spaces. And the court ruled that these are functionally identical to schools themselves, and therefore sensitive. Then number four was public demonstrations, plus 1,000 feet.

This is the most dangerous precedent, I think. If a demonstration is happening, you know, the freedom of speech, and a police officer notifies you, you must leave the area immediately or disarm. And the court justified this by tying the Second Amendment to the First Amendment’s requirement that assemblies be peaceful. The translation, if the government says you’re in your presence with a firearm threatens public peace, then they can remove you. Yeah, even forests. The court said modern parks didn’t exist in 1791, so they looked to post-Civil War history, where cities banned firearms and parks. Bruin doesn’t say to do that.

They extended that logic to forests, claiming that they now function as recreational and educational spaces. Hunting exemptions remain, but generally, carry in forests is banned. Number six, healthcare facilities, hospitals, clinics, rehab facilities, all gun-free. The justification is vulnerable populations and historical bans on firearms in scientific or medical environments. Men with seven with stadiums, museums, casinos, amusement parks, all upheld. The court relied on historical bans at ballrooms, fairs, and social gatherings from the 1800s. Even museums were upheld because they are now crowded public spaces, often frequented by children. Number eight was bars and alcohol-serving locations, which is another major one.

Any location selling alcohol for on-site consumption is now a constitutional gun-free zone under this ruling. The court leaned on colonial-era laws regulating firearms and alcohol, even laws barring militia members from drinking. And here’s the bright spot here. Maryland tried to flip private property rights on their head with another vampire rule type thing. Their law presumed all private property open to the public was gun-free unless the owner explicitly allowed carry. The Fourth Circuit struck that down. Why? Because historically, the burden was always on property owners to prohibit firearms, not citizens to assume the prohibition. And that portion of the law was unconstitutional.

They struck it down. But let’s be blunt. The Fourth Circuit just approved a very broad roadmap for blue states to label vast areas sensitive, to rely on sensitive historical analogues, and to effectively shrink the right to carry down to sidewalks and streets. Maybe. This ruling will absolutely be cited in New York, New Jersey, California, Massachusetts, and others. And yes, this case is absolutely Supreme Court material. Because if sensitive places can mean anywhere people gather, then the right to bear arms exists almost nowhere. And this is why staying informed matters. This is why supporting organizations actually litigating these cases matters.

And this is why Bruin is only the beginning, not the end, of this fight. If you found this breakdown helpful, like the video, subscribe, join this growing freedom family, and share this with every gun owner that you know. Because these decisions don’t and won’t stay in Maryland. They will spread. And we’ll keep tracking every single one of them. Guys, thank you so much for your support over the years. I’m in the 14th year of doing this. This has been my dream, is to help educate America about our foundational right to keep and bear arms. And I love the fact that I get to do that.

And I hope that it touches you. I hope that it helps you. I hope that it helps you educate others. With that, guys, be safe. Stay vigilant. Carry a gun to keep you, your friends, your family, your community safe. Our rights extend a lot of places that the government doesn’t want them to go. Because it’s our right. It’s not our permission slip. It’s not something that we get from Daddy. It’s something that we have for being an American. And try as they may. Try as they may. Stay armed. Stay free. Take care. Thank you. [tr:trw].

See more of Guns & Gadgets 2nd Amendment News on their Public Channel and the MPN Guns & Gadgets 2nd Amendment News channel.

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