Eva Marie Gardner believed she was following the law. A holder of a valid Virginia handgun carry permit, Gardner was traveling through Maryland when she found herself in a situation requiring self-defense. Instead of being treated as a victim or a lawful citizen, she was arrested. The charge?
Carrying a firearm without a Maryland-specific permit.
Now, Gardner’s arrest has become the catalyst for a potential landmark Supreme Court showdown.
This week, the Second Amendment Foundation (SAF), joined by the National Rifle Association (NRA) and several other civil rights organizations, filed an amicus brief urging the U.S. Supreme Court to review Gardner v. Maryland. The case strikes at the heart of a contentious issue in American gun policy: reciprocity.
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While a driver’s license from one state is valid in all fifty, a license to carry a firearm for self-defense often becomes void the moment a traveler crosses a state border.
The “Traveler’s Exception”
The coalition’s legal filing argues that Maryland’s refusal to honor out-of-state permits isn’t just inconvenient—it is unconstitutional.
Kostas Moros, SAF’s Director of Legal Research, points to the Supreme Court’s 2022 Bruen decision, which mandates that gun laws must align with the nation’s historical tradition. According to the brief, history is on Gardner’s side.
“History shows that travelers from other states were not only allowed to carry firearms but often received special exemptions from local restrictions,” Moros stated. The brief details numerous 19th-century statutes where states banned concealed carry for locals but explicitly exempted travelers, acknowledging the unique dangers faced by those on the road.
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A Bureaucratic Maze
Beyond the historical argument, the groups highlight the practical impossibility facing law-abiding gun owners. Currently, states like Maryland, California, and New York do not recognize permits issued by other jurisdictions.
To legally carry in Maryland, a non-resident effectively has to start from scratch: paying fees, submitting fingerprints, and undergoing days of training, even if they have already done so in their home state. The brief cites an example of a couple who spent over $8,000 and countless hours trying to obtain permits for just 44 states—a burden the SAF argues turns a right into a privilege for the wealthy.
“Our Second Amendment rights don’t have borders,” said Alan M. Gottlieb, SAF founder. He argues that forcing Americans to jump through “costly and time-consuming hoops” just to cross a state line defies the intent of the Constitution.
Public Safety vs. Constitutional Rights
Maryland, along with other restrictive states, has long maintained that it has a compelling interest in vetting anyone carrying a weapon within its borders. State officials generally argue that because training standards vary wildly—with some states requiring no permit at all—automatic reciprocity would undermine their ability to protect public safety.
However, the amicus brief pushes back on the safety narrative with data. The filing presents statistics from various states suggesting that concealed carry permit holders are among the most law-abiding demographics in the country, committing crimes at a rate significantly lower than the general population.
What’s Next?
If the Supreme Court grants certiorari (agrees to hear the case), the ruling could have sweeping implications. A victory for Gardner could force states with strict gun control measures to recognize permits from across the country, fundamentally changing the legal landscape for millions of travelers.
For now, the High Court has yet to decide if it will weigh in on whether Eva Marie Gardner was a criminal or a citizen exercising a right that simply got lost in transit.
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