Carroll County State's Attorney Calls State Gun Law 'Unconstitutional'

The Carroll County State’s Attorney said he believes parts of Maryland’s new gun law are unconstitutional, echoing last week's resolution by the Board of Carroll County Commissioners’ declaring the county a “Second Amendment Sanctuary County.” 

The resolution—which has no legal binding—passed unanimously by the Board last week. It says that the Maryland Firearm Safety Act is unconstitutional and that Carroll County government will not spend money or resources enforcing “any element of the MSFA that infringes on the right of the people to keep and bear arms …”

Carroll County State’s Attorney Jerry Barns spoke in favor of the resolution last week, and clarified his position in a statement released Tuesday. In that statement, he said he believed several elements of the MFSA were unconstitutional because they imposed “unreasonable restrictions” on the Second Amendment.

He did not specify which elements.

Barns, whose job as State’s Attorney is to be the top law enforcement official in the county, said that he will “obey his oath of office in regard to enforcing the criminal laws of Maryland” but that he will determine if violations of MFSA are “honest mistakes” as opposed to crimes.

He also said he will base his decisions by “utilizing sound discretion in order to insure that justice prevails in each and every case,” and that he will personally review all violations of MFSA once it goes into effect in October of 2013.

The MFSA bans more than 40 types of guns, outlaws magazines that hold more than 10 rounds and requires gun buyers to be fingerprinted and licensed.

This article has been edited.