Maryland Shall Issue, Inc. v. Anne Arundel County, No. 23-1351 (4th Cir. 2024)
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In this case, the United States Court of Appeals for the Fourth Circuit upheld a lower court's decision that an ordinance enacted by Anne Arundel County, Maryland, which required gun retailers to distribute literature relating to gun safety, suicide prevention, mental health, and conflict resolution to customers, did not violate the First Amendment rights of the gun dealers. The plaintiffs, a group of gun dealers and a corporation dedicated to the preservation and advancement of gun owners' rights, argued that the ordinance compelled them to speak on these subjects against their will. The court found that the requirement to distribute the literature constituted commercial speech, which can be regulated under the First Amendment, as long as it is factual, uncontroversial, and not unduly burdensome. The court concluded that the literature was factual and uncontroversial because it did not suggest that firearms cause suicide, but merely identified access to firearms as a risk factor for suicide. Further, the court found that the requirement to distribute the literature was not unduly burdensome and was reasonably related to the County's interest in preventing suicide.
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