Gardner v. Maryland
Cert Denied — Apr 22, 2026No. 25-5961
Can a state prosecute an out-of-state visitor for carrying a handgun, even when she has a valid permit from her home state and was acting lawfully under its laws?
What happened
Eva Gardner, a Virginia resident with a valid Virginia concealed carry permit, was driving through Maryland when another driver struck her car twice on I-270 and approached her vehicle aggressively. She displayed her handgun. Maryland prosecutors charged and convicted her of carrying without a Maryland permit — a crime she couldn't avoid because Maryland does not recognize Virginia permits. The Court denied cert on April 22, 2026, leaving her conviction and Maryland's approach to out-of-state carriers in place.
What it means going forward
The denial was widely criticized in the gun rights community. There is still no national standard for concealed carry reciprocity — a lawful act in one state can be a felony the moment a driver crosses into another. The issue will eventually return to the Court; this denial simply means it won't be resolved in the current term.
Key dates
- Apr 22, 2026 Cert denied — Maryland conviction stands
- Dec 2025 Petition for certiorari filed
- 2025 Maryland Court of Appeals denied appeal
- 2022 Montgomery County jury convicted Gardner