BALTIMORE, MD — The Second Amendment Foundation (SAF) and several prominent gun rights organizations have filed an amicus brief with the U.S. Supreme Court in support of Eva Marie Gardner, a Virginia concealed carry permit holder who was arrested in Maryland after defending herself while armed. The brief urges the Court to grant certiorari in Gardner v. Maryland, a case that could set a national precedent on the recognition of firearm carry permits across state lines.
Maryland is one of a handful of states that refuses to honor any out-of-state carry permits, as can be seen on the USA Carry Reciprocity Maps. Gardner, despite having a valid Virginia permit, was charged with carrying a firearm without a Maryland-issued license. SAF is joined in the brief by the National Rifle Association, California Rifle & Pistol Association, Second Amendment Law Center, Minnesota Gun Owners Caucus, and the Citizens Committee for the Right to Keep and Bear Arms.
“The Maryland Supreme Court’s ruling defies Bruen by allowing states to force visitors from other states to jump through costly and time-consuming hoops to exercise their right to carry arms for self-defense,” said SAF Director of Legal Research and Education Kostas Moros.
The brief outlines a long-standing historical tradition of what are known as “traveler’s exceptions” — legal allowances made for non-residents carrying firearms while traveling. SAF and its partners argue that such exceptions were common and legally recognized throughout American history, dating back to colonial and post-founding eras.
According to the brief, if the Court declines to take up the case, millions of lawful gun owners from states with permissive carry laws could continue to face arrest in restrictive jurisdictions like Maryland, California, New York, and New Jersey — even when they hold valid permits in their home states.
“This case is essential because it impacts the fundamental right of Americans to carry firearms for self-defense across state lines without fear of prosecution,” said SAF founder and Executive Vice President Alan M. Gottlieb. “Our Second Amendment rights don’t have borders, and SAF is committed to challenging these unconstitutional barriers.”
The filing makes clear that the burden placed on out-of-state visitors is not only unconstitutional but also unreasonably high. For example, obtaining a Maryland permit can take months, requires a 16-hour training course, fingerprinting, fees, and in some jurisdictions, psychological evaluations. Even then, permits are only valid for two years, with the process needing to be repeated upon renewal.
Moreover, the brief emphasizes that those with concealed carry permits are overwhelmingly law-abiding. In Virginia alone, more than 686,000 permits were issued in 2024, with a revocation rate of just 0.12%, according to state police data.
The case is filed under docket No. 25-5961 in the Supreme Court and is currently awaiting a decision on whether the justices will hear the appeal.
As the Court weighs whether to intervene, SAF and its partners continue to advocate for the right of all Americans to carry for self-defense — a right they assert should not be left behind at state lines.
