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Eva Marie Gardner v. Maryland

IFP petition · Appellate Court of Maryland, No. 1496, September Term, 2022 · judgment April 18, 2025


Certiorari denied · April 20, 2026

Questions presented

  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? */

Counsel of record

For petitioner
Peter A. Patterson
Cooper & Kirk, PLLC

For respondent
Jeremy Hugh Welter
Office of the Attorney General of Maryland

Case

Conference history
Distributed for 3 conferences

Amicus briefs
5 cert-stage

Proceedings

  1. Jun 01 2026
    Rehearing DENIED.
  2. May 12 2026
    DISTRIBUTED for Conference of 5/28/2026.
  3. Apr 29 2026
    Petition for Rehearing filed.
  4. Apr 20 2026
    Petition DENIED.
  5. Mar 26 2026
    DISTRIBUTED for Conference of 4/17/2026.
  6. Mar 25 2026
    Reply of petitioner Eva Marie Gardner filed. (Distributed)
  7. Mar 12 2026
    Brief of respondent Maryland in opposition filed.
  8. Feb 19 2026
    Motion to extend the time to file a response is granted and the time is further extended to and including March 12, 2026.
  9. Feb 17 2026
    Motion to extend the time to file a response from February 25, 2026 to March 12, 2026, submitted to The Clerk.
  10. Jan 16 2026
    Motion to extend the time to file a response is granted and the time is further extended to and including February 25, 2026.
  11. Jan 14 2026
    Motion to extend the time to file a response from January 26, 2026 to February 25, 2026, submitted to The Clerk.
  12. Dec 12 2025
    Brief amicus curiae of Heller Foundation filed.
  13. Dec 12 2025
    Brief amici curiae of U.S. Senator Ted Cruz, et al. filed.
  14. Dec 12 2025
    Brief amicus curiae of Cato Institute filed.
  15. Dec 12 2025
    Brief amici curiae of Virginia, et al. filed.
  16. Dec 11 2025
    Brief amici curiae of Second Amendment Foundation, et al. filed.
  17. Nov 20 2025
    Motion to extend the time to file a response is granted and the time is extended to and including January 26, 2026.
  18. Nov 19 2025
    Motion to extend the time to file a response from December 12, 2025 to January 26, 2026, submitted to The Clerk.
  19. Nov 12 2025
    Response Requested. (Due December 12, 2025)
  20. Nov 06 2025
    DISTRIBUTED for Conference of 11/21/2025.
  21. Nov 03 2025
    Waiver of right of respondent Maryland to respond filed.
  22. Oct 22 2025
    Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 26, 2025)