Kramer Levin Files Amicus Brief in the Fourth US Circuit Court of Appeals for the American Medical Association, American Academy of Pediatrics and Other Amici

On July 17, 2023, Kramer Levin filed a motion for leave to submit an amicus brief on behalf of our clients the American Medical Association; MedChi, the Maryland State Medical Society; the American Academy of Pediatrics; the American Academy of Pediatrics, Maryland Chapter; the Maryland Psychiatric Society; and the Washington Psychiatric Society. The motion and the proposed brief were filed in the Fourth U.S. Circuit Court of Appeals in Maryland Shall Issue, Inc., et al. v. Anne Arundel County, Maryland, No. 23-1351.

In 2021, more than 50,000 people were killed with firearms in this country and more than half died by suicide. To combat the crisis of firearm suicides and violence, Anne Arundel County, Maryland, enacted an ordinance requiring gun stores to display and distribute to gun purchasers two pamphlets that warn about the risks of suicide and promote nonviolent conflict resolution. A Maryland gun rights group, Maryland Shall Issue Inc., and four Maryland gun stores sued Anne Arundel County to block the enforcement of the ordinance. They argued the ordinance violates their First Amendment rights. The District Court granted the county’s motion to dismiss the lawsuit. The court found the pamphlets comply with the First Amendment because they contain “factual, noncontroversial” information regarding suicide prevention and conflict resolution, are reasonably related to the county’s interest in preventing gun violence, and are not unduly burdensome. The plaintiffs appealed.

Our proposed amicus brief provides the firsthand experiences of 11 physicians who treat children and adults who have been shot by firearms. The physicians include pediatricians, a former battalion surgeon in the U.S. military and psychiatrists. Many have published articles about firearm violence, suicide, the secure storage of firearms or the benefits of educating firearm purchasers about the risks of firearm ownership. Some of these physicians own firearms or grew up around firearms. Their stories describe the devastating physical and emotional consequences for children and their families following a firearm death or injury. One physician recalls the suicide of a young child experiencing depression whose parents gave the child the gun with which they took their own life. A pediatrician notes that the amount of time she spends treating anxiety and depression has skyrocketed in recent years. Many physicians explain the importance of discussing secure firearm storage with their patients. They all agree the information distributed in Anne Arundel County’s pamphlets could save lives.

The proposed amicus brief argues the information included in the pamphlets required by the ordinance is of critical importance because rates of depression and anxiety are on the rise, particularly among children, and many firearm owners do not securely store their firearms. The brief describes medical and public health research that shows firearm injuries are the leading cause of death among children 19 years old and younger. The brief also explains that secure firearm storage reduces the risk of death and injury and could eliminate up to 32% of youth firearm-related deaths. But many adults do not understand the risks. Suicide is often an impulsive decision. Preventing or delaying access to a firearm when someone is contemplating suicide can save a life. Education can help. One study looked specifically at the efficacy of an informational pamphlet in educating firearm purchasers about firearm safety and found a majority of people who received a pamphlet about secure storage said they would be more likely to securely store their firearms.

The brief also argues that similar health and safety warnings, such as those that identify hazardous products like fireworks and poisonous chemicals or those that disclose that a food has added sugar or high sodium, are critical for consumer well-being and are constitutional. Striking down Anne Arundel County’s ordinance, another evidence-based health and safety warning, could jeopardize many other critical warnings.

The Kramer Levin team consisted of Litigation partner Michael J. Dell, and Litigation associates Paul Brzyski and Aaron Jacobs. You can find the motion here and the brief here.