In Gardner v. Maryland, Eva Marie Gardner, who holds a Virginia carry permit, was arrested and convicted for carrying her handgun while traveling through Maryland, which does not honor other states’ permits. She asked the US Supreme Court to hear her case, and the Minnesota Gun Owners Caucus joined other gun rights organizations in an amicus brief urging the Court to grant review.
The Second Amendment protects the general right to carry in public. That right cannot tolerate each state forcing Americans from every other state to jump through time-consuming and costly hoops before they may carry within its borders. Interstate visitors are Americans, not suspect foreigners who must be re-vetted before exercising a fundamental right.
Our brief makes three arguments:
- Travelers from other states were historically exempted from state and local restrictions on carrying firearms. Dozens of “traveler’s exception” laws from the colonial era through the 19th century confirm the tradition.
- Americans who want to carry across state lines face considerable burdens: the cost and time of getting a permit in every state that requires one.
- Americans with carry permits are overwhelmingly law-abiding.
We are joined in this Amicus Curiae Brief by:
- The Second Amendment Foundation
- The National Rifle Association of America
- The California Rifle & Pistol Association
- The Second Amendment Law Center
- The Citizens Committee for the Right to Keep and Bear Arms
Outcome
On April 20, 2026, the Supreme Court denied certiorari, and on June 1, 2026 it denied rehearing. The fight over carrying across state lines continues in other cases, including Duvall v. Maryland.
Last updated: June 1, 2026
Case Details
Case Title
Eva Marie Gardner v. Maryland, on petition for a writ of certiorari to the Supreme Court of Maryland.
US Supreme Court Case #
25-5961
Our Brief
On our website, you can read our Amicus Brief filed in the United States Supreme Court on December 11, 2025.
Counsel of Record
In this case, we are represented by Konstadinos T. Moros of the Second Amendment Foundation, counsel of record, with C.D. Michel and Anna M. Barvir of Michel & Associates, P.C.
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Our lawsuits and amicus briefs are underwritten by the Minnesota Gun Owners Support Fund, doing business as the MN Gun Owners Law Center, a 501(c)(3). Gifts may be tax-deductible to the extent allowed by law.