Blue v. Prince George's County
76 A.3d 1129
Md.2013Background
- Blue, head of security for a nightclub, carried a handgun on the club’s parking lot per owner consent.
- Maryland handgun statute CR § 4-203(b)(7) permits supervisory employees to carry within the confinement of the business establishment they work in, during the course of employment and with owner authorization.
- Blue was arrested for carrying a handgun without a permit on the nightclub’s open parking lot.
- Court of Special Appeals held the parking lot is not within the confines of the business establishment, thus no protection under the supervisory exception.
- This Court granted certiorari to decide whether the parking lot falls within the supervisory exception’s “within the confines of the business establishment” language.
- Majority holds that the parking lot is outside the confines, so arrest was lawful and immune from false arrest/malicious prosecution claims.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether parking lots are within the confines of a business establishment. | Blue carries under the supervisory exception; parking lot is within the establishment. | Confines means interior of the building; parking lot not included. | Parking lot not within confines; exception not available. |
| Meaning and legislative intent of “within the confines of the business establishment.” | Plain reading and history support broader interpretation. | Text, context, and history show interior space focus. | Text and history support interior-only interpretation; broader reading rejected. |
Key Cases Cited
- Jones v. State, 425 Md. 1 (Md. 2012) (statutory interpretation framework; no deference to lower courts)
- Long Green Valley Ass’n v. Bellevale Farms, Inc., 432 Md. 292 (Md. 2013) (contextual statutory interpretation guidance)
- Montgomery County v. Atlantic Guns, Inc., 302 Md. 540 (Md. 1985) (purpose of handgun provisions to defend life and property at home or business)
- Kelley v. R.G. Industries, Inc., 304 Md. 124 (Md. 1985) (statutory interpretation favoring general provision over narrow exceptions)
- Blake v. State, 395 Md. 213 (Md. 2006) (avoid illogical or unreasonable statutory constructions)