United States Supreme Court Declines to Hear Challenge to Maryland Ordinance Requiring Gun Stores to Provide Life-Saving Information on Gun Safety and Suicide Prevention; Everytown Law Responds

NEW YORK – On behalf of its client Anne Arundel County, Maryland, Everytown Law applauds the United States Supreme Court for declining to hear a First Amendment challenge to a local ordinance that requires gun stores in the county to give customers information on suicide prevention, conflict resolution, and mental-health resources when they purchase a firearm or ammunition. 

 “Providing factual information about gun safety and suicide prevention to those purchasing firearms is as lawful as it is logical. The courts have now spoken, confirming it is consistent with the constitution under the First Amendment,” said Eric Tirschwell, Executive Director and Chief Litigation Counsel at Everytown Law. “We’re thankful the Supreme Court has declined to hear the most recent gun-lobby attempt to suppress life-saving information from their customers. Now that the County’s first-of-its-kind ordinance will remain in effect, we expect it will encourage other jurisdictions to enact policies requiring warnings and information relating to the risk of gun ownership.”

“The Supreme Court’s decision to deny review is a major victory for gun safety,” said Will Havemann of Hogan Lovells, who argued the case in the Fourth Circuit. “It is a decisive rejection of the gun lobby’s challenge, and it preserves the County’s commonsense law requiring gun stores to provide consumers with accurate information to prevent gun suicide and violence. It was an honor to work alongside Anne Arundel County and Everytown Law to defend this life-saving law.”

“We’re pleased that all courts that have examined Anne Arundel County’s law requiring the distribution of suicide prevention and conflict resolution materials with the sale of guns and ammunition have found it to be constitutional and affirmed it as a reasonable step to mitigate the risk of suicide,” said Anne Arundel County Executive Steuart Pittman. “My hope is that gun stores see providing this information as a good business practice—one that respects customers’ rights while demonstrating a commitment to their safety.”

The challenge was brought by a local gun-rights organization and four firearm dealers in the County, arguing the ordinance unlawfully compelled speech with which they disagreed, in violation of the First Amendment. The Fourth Circuit rejected the challenge earlier this year, as did the U.S. District Court for the District of Maryland prior to that.

Following the deadly mass shooting at the Annapolis, Maryland office of The Capital Gazette on June 28, 2018, County Executive Steuart Pittman created the Gun Violence Prevention Task Force to study gun violence within the County and recommend actions to help reduce gun violence. The Task Force recommended that the County establish a partnership with gun sellers, gun safety advocacy organizations, and agencies working to prevent domestic violence and suicide. 

In 2022, Anne Arundel County Council passed Bill 108-21, which directed the County’s Health Department to distribute literature about “gun safety, gun training, suicide prevention, mental health, and conflict resolution” to stores that sell firearms and ammunition and requires gun stores to display this literature and to distribute it along with the purchase of firearms and ammunition. The literature consists of a pamphlet jointly authored by the National Shooting Sports Foundation and the American Foundation for Suicide Prevention concerning firearms and suicide prevention, as well as a one-page insert developed by the County concerning local resources for suicide and conflict prevention. 

Everytown Law, the litigation arm of Everytown for Gun Safety Support Fund, along with law firm Hogan Lovells and the Anne Arundel County Office of Law, represented Anne Arundel County. County Attorney Gregory J. Swain, Deputy County Attorney Hamilton F. Tyler, and Senior Assistant County Attorney Tamal A. Banton joined the effort on behalf of the Anne Arundel County Office of Law. The Everytown Law team included Eric Tirschwell, Executive Director and Chief Litigation Counsel; James Miller, Senior Counsel; Andrew Nellis, Counsel; and Nina Sudarsan, Counsel. The Hogan Lovells team included Partner Neal Katyal and Senior Associate Will Havemann (who argued the case before the Fourth Circuit).