Fourth Circuit Strikes Down Maryland’s “Vampire Rule,” but Upholds Other Carry Restrictions in NRA Case

The Fourth Circuit Court of Appeals issued a decision today in Kipke v. Moore, an NRA-supported case challenging Maryland’s sweeping carry restrictions enacted as part of the Gun Safety Act of 2023.

In response to the NRA’s landmark Supreme Court victory in NYSRPA v. Bruen, which affirmed the right of all Americans to carry firearms in public, Maryland prohibited firearms in numerous locations it deemed “sensitive places.” The state also banned carrying firearms on private property held open to the public without the owner’s express permission—a regulation commonly known as the “vampire rule,” referencing the literary notion that vampires must obtain an owner’s consent before entering a building.

The Fourth Circuit struck down Maryland’s “vampire rule.” But the court upheld Maryland’s prohibitions on carrying firearms in state parks, state forests, government buildings, museums, public transportation, healthcare facilities, school grounds, stadiums, racetracks, amusement parks, casinos, locations that sell alcohol, and within 1,000 feet of a public demonstration.

Concurring in part and dissenting in part, Judge Agee agreed that the “vampire rule” is unconstitutional and that the prohibitions on carrying in government buildings, school grounds, and healthcare facilities are constitutional. However, he would have struck down most of the remaining “sensitive place” restrictions.

Further proceedings are expected as the parties evaluate their options following today’s ruling.

Please stay tuned to www.nraila.org for future updates on NRA-ILA’s ongoing efforts to defend your constitutional rights, and please visit www.nraila.org/litigation to keep up to date on NRA-ILA’s ongoing litigation efforts.