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U.S. Appeals Court upholds Anne Arundel County gun pamphlet law

Part of the suicide prevention pamphlet from Anne Arundel County
Anne Arundel County
Part of the suicide prevention pamphlet from Anne Arundel County

Gun shops in Anne Arundel County will have to continue handing out suicide prevention pamphlets with the sale of firearms and ammunition after a ruling from the United States Fourth Circuit Court of Appeals.

The three-judge panel ruled in favor of the county after four gun shop owners, represented by a gun-rights group called Maryland Shall Pass, sued for infringement of free speech.

“Today's ruling from the Fourth Circuit Court of Appeals upholding the work that came out of our Gun Violence Prevention Task Force was a win for the people of this county,” County Executive Stuart Pittman said in a statement. “Anne Arundel County has led jurisdictions across the country in addressing gun violence as the public health crisis that it is. Our Gun Violence Intervention Team, is working within the law to educate, intervene, and prevent the shootings that have become the number one cause of death for young Americans.”

The appeals court ruling is an affirmation of a previous District Court ruling, which was also in favor of the county.

Maryland Shall Pass and the gun shop owners can still appeal to the Supreme Court.

The case brought up a constitutional conundrum as to whether local governments could force businesses to hand out information.

“Ultimately, this case is not about limiting gun ownership or stigmatizing firearms,” District Judge Stephanie Gallagher wrote last March. “This case is about the correlative link between access to firearms and the risk of suicide or violent conflict resolution, and about the County’s ability to take reasonable steps to mitigate that risk. Because the County’s actions do not infringe Plaintiffs’ First Amendment rights, summary judgment in the County’s favor is warranted.”

Local governments usually do not have much jurisdiction over gun issues, however, the county council wanted to limit gun violence in some way after the 2018 Capital Gazette in Annapolis shooting rocked the community.

“That bill passed 7-0,” said County Executive Stuart Pittman. “That's quite a feat in Anne Arundel County because we have diverse political viewpoints to say the least on our county council, and they all came together in support of this bill.”

The council hoped that the pamphlets could reduce suicide and domestic violence. The county also hands out free gun locks at some libraries.

According to the Centers for Disease Control and Prevention, gun suicides rose by 10% from 2019 to 2022 with an estimated 27,000 to 50,000 deaths.

Scott is the Health Reporter for WYPR. @smaucionewypr
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