Suit Filed Against Gunshow Ban

Suit Filed Against
Montgomery County
Gun Show Ban


EMBARGOED UNTIL 3 P.M. EASTERN TIME
Friday, June 22, 2001

For further information contact:
Jonathan Kagan or Alex May (410) 974-9200

Montgomery County - Montgomery County will now be defending itself in court according to a lawsuit filed today in the U.S. District Court in Maryland. The suit is the latest in a series of developments concerning a controversial bill introduced by council president Blair Ewing, D-at large.

The new law effectively bans gun shows by prohibiting any appropriation of County funds to multipurpose exhibition facilities such as the Montgomery County Agricultural Center (Ag Center) if they allow gun shows on their premises. On May 16, 2001, the bill passed by a razor-thin 5- 4 vote over the objections of the Council’s own Public Safety Committee. The language was amended at the last minute during the chaotic Council meeting on the bill.

Since the enactment of the new law, the Board of Directors of the Ag Center has been forced to prohibit gun shows rather than forfeit the large subsidies in funding that it receives from the County. In a June 15, 2001 letter to Frank Krasner, owner of Silverado Gun Shows and Silverado Promotions, the Board wrote that, "based on recent Montgomery County legislation directed, in part, at gun shows at the fairgrounds, we have been forced to make financial decisions to stop conducting activities which would invoke the County to impose financial sanctions on the Ag Center."

Krasner, owner of Silverado Promotions, which had been promoting gun shows at the fairgrounds since 1990, is joined in the suit by two frequent gun show exhibitors, Valley Gun of Baltimore and Robert D. Culver. Culver, joined the lawsuit both as an individual exhibitor and as a member of a citizens group called Montgomery Citizens for a Safer Maryland (MCSM), which also frequently exhibits at Silverado’s gun shows at the fairgrounds.

The suit alleges that the law violates Maryland’s Preemption Statute and Home Rule Doctrine, as well as commercial and non-commercial free speech rights under both the First amendment to the U.S. Constitution and Article 40 of Maryland’s Declaration of Rights.

Krasner, along with MCSM, the Maryland State Rifle and Pistol Association, the Maryland Licensed Firearm Dealer Association, and a large number of other citizens and groups, all strongly opposed the bill throughout the legislative process. Credited by law enforcement for running safe and responsible shows, Krasner said he "regretted that he had no other choice but to seek judicial relief." Confident the court will overturn the law, he points to several similar laws around the country which were struck down. According to Krasner, "laws banning gun shows simply can’t withstand judicial review because the courts recognize the dangers such bans pose to our basic Constitutional freedoms."

Sandy Abrams, owner of Valley Guns of Baltimore, said, "the law creates a dangerous precedent because it opens the door to the banning of other lawful speech and activities that may be unpopular with a handful of elected officials." Robert Culver added, "when you realize how many mainstream groups, like firearm owners, express ideas that may be unpopular with some elected officials, you begin to appreciate how important this suit really is."

The NRA has pledged its support of the plaintiffs. Greg Costa, the NRA Institute for Legislative Action Liaison to Maryland, stated, "we want our members to know that we stand with Mr. Krasner and the other plaintiffs in opposing the County’s attempt to deny the right of citizens to conduct what is undeniably lawful activity at gun shows."

The plaintiffs are seeking $500,000.00 in damages and an immediate and permanent order restraining the County from enforcing the new law.