No. 25-5961

Eva Marie Gardner v. Maryland

Lower Court: Maryland
Docketed: 2025-10-27
Status: Pending
Type: IFP
Amici (5)Response RequestedResponse WaivedIFP Experienced Counsel
Tags: concealed-carry due-process full-faith-and-credit interstate-travel second-amendment self-defense
Key Terms:
DueProcess
Latest Conference: 2025-11-21
Question Presented (AI Summary)

Does Maryland's prohibition on carrying a handgun without a state permit violate the Second Amendment under Bruen by lacking historical tradition of disarming law-abiding citizens?

Question Presented (OCR Extract)

1. Does Maryland ’s prohibition on carrying a handgun without a state permit, as applied to an interstate traveler with a valid Virginia concealed carry permit who displayed a loaded firearm in self-defense against an assailant ’s vehicular assault and physical advance, violate the Second Amendment under New York State Rifle & Pistol Ass’n v. Bruen, 597 U.S. 1 (2022), by lacking a historical tradition of disarming law-abiding citizens in such circumstances? 2. Did the Maryland courts ’ reliance on a video showing the assailant ’s calm demeanor upon police arrival, without his testimony or other witnesses to corroborate the incident, while disregarding Petitioner ’s evidence of the assailant ’s PIT maneuver, vehicular coercion, and physical advance, violate the Fourteenth Amendment ’s Due Process Clause by denying Petitioner a meaningful opportunity to present a self-defense claim? 3. Does Maryland ’s refusal to recognize Petitioner ’s valid Virginia concealed carry permit for interstate travel violate the Full Faith and Credit Clause, U.S. Const, art. IV, § 1, or the Firearms Owners ’ Protection Act (18 U.S.C. § 926A), despite the firearm being loaded and Pennsylvania ’s non-recognition of the permit at the time of the incident? */ 2

Docket Entries

2026-01-16
Motion to extend the time to file a response is granted and the time is further extended to and including February 25, 2026.
2026-01-14
Motion to extend the time to file a response from January 26, 2026 to February 25, 2026, submitted to The Clerk.
2026-01-14
Motion of Maryland for an extension of time submitted.
2025-12-12
Amicus brief of U.S. Senators Ted Cruz,Ted Budd,John Cornyn,Steve Daines, Lindsey O. Graham,Jim Justice,James Lankford,Mike Lee,Cynthia Lummis,Ashley Moody,Rand Paul,Thom Tillis submitted.
2025-12-12
Brief amici curiae of Virginia, et al. filed.
2025-12-12
Brief amicus curiae of Cato Institute filed.
2025-12-12
Brief amici curiae of U.S. Senator Ted Cruz, et al. filed.
2025-12-12
Brief amicus curiae of Heller Foundation filed.
2025-12-12
Amicus brief of Commonwealth of Virginia, State of New Hampshire, and 22 other States submitted.
2025-12-12
Amicus brief of Heller Foundation submitted.
2025-12-12
Amicus brief of Cato Institute submitted.
2025-12-11
Amicus brief of Second Amendment Foundation, National Rifle Association of America, The Second Amendment Law Center, California Rifle & Pistol Association, Incorporated, Citizens Committee for the Right to Keep and Bear Arms, and Minnesota Gun Owners Caucus submitted.
2025-12-11
Brief amici curiae of Second Amendment Foundation, et al. filed.
2025-11-20
Motion to extend the time to file a response is granted and the time is extended to and including January 26, 2026.
2025-11-19
Motion to extend the time to file a response from December 12, 2025 to January 26, 2026, submitted to The Clerk.
2025-11-19
Motion of Maryland for an extension of time submitted.
2025-11-12
Response Requested. (Due December 12, 2025)
2025-11-06
DISTRIBUTED for Conference of 11/21/2025.
2025-11-03
Waiver of right of respondent Maryland to respond filed.
2025-11-03
Waiver of Maryland of right to respond submitted.
2025-10-22
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 26, 2025)

Attorneys

Cato Institute
Matthew P. CavedonCato Institute, Amicus
Matthew P. CavedonCato Institute, Amicus
Commonwealth of Virginia, State of New Hampshire, and 22 other States
Kevin Michael GallagherVirginia Office of the Attorney General, Amicus
Kevin Michael GallagherVirginia Office of the Attorney General, Amicus
Eva Marie Gardner
Eva Marie Gardner — Petitioner
Peter A. PattersonCooper & Kirk, PLLC, Petitioner
Peter A. PattersonCooper & Kirk, PLLC, Petitioner
Heller Foundation
Jordan Adam SekulowAmerican Center for Law & Justice, Amicus
Jordan Adam SekulowAmerican Center for Law & Justice, Amicus
Liam Ross Harrell — Amicus
Maryland
Jeremy Hugh WelterOffice of the Attorney General of Maryland, Respondent
Jeremy Hugh WelterOffice of the Attorney General of Maryland, Respondent
Daniel John JaworOffice of the Attorney General of Maryland, Respondent
Daniel John JaworOffice of the Attorney General of Maryland, Respondent
Second Amendment Foundation, National Rifle Association of America, The Second Amendment Law Center, California Rifle & Pistol Association, Incorporated, Citizens Committee for the Right to Keep and Bear Arms, and Minnesota Gun Owners Caucus
Konstadinos T. MorosSecond Amendment Foundation, Amicus
Konstadinos T. MorosSecond Amendment Foundation, Amicus
U.S. Senators Ted Cruz,Ted Budd,John Cornyn,Steve Daines, Lindsey O. Graham,Jim Justice,James Lankford,Mike Lee,Cynthia Lummis,Ashley Moody,Rand Paul,Thom Tillis
H. Christopher BartolomucciSchaerr | Jaffe LLP, Amicus
H. Christopher BartolomucciSchaerr | Jaffe LLP, Amicus