Firearms retailers in Montgomery County will be required to distribute suicide prevention literature to customers under new legislation passed by the Montgomery County Council on Tuesday.
“I introduced [the bill] to raise awareness about suicide prevention and to urge Montgomery County to do more than simply express our thoughts and prayers every time we see a tragedy occur,” said councilmember Evan Glass (D-At-large), lead sponsor of the Suicide Awareness and Firearm Education (SAFE) Act, before the vote.
Ten councilmembers voted in favor of the legislation, with councilmember Natali Fani-Gonzàlez (D-Dist. 5) abstaining. She didn’t vocalize her reasoning during the vote.
The bill requires the Department of Health and Human Services (DHHS) to “develop literature about firearm safety, suicide prevention, and conflict resolution” and “require sellers of firearms or ammunition to display and distribute the literature at points of sale,” according to the draft legislation. If retailers do not comply, they could be charged with a Class A civil citation, with a fine of $500 for the first offense and a maximum fine of $1,000 for recurring offenses.
Retailers are not required to speak with customers about the information in the pamphlets. The county will pay for the pamphlets and there is no financial requirement of firearms retailers. According to the draft legislation, the program will cost about $15,000 per year, which will come out of the DHHS budget.
According to Center for Disease Control and Prevention data, firearms account for at least 30% of deaths by suicide in Montgomery County since 2018. There were at least 131 deaths by suicide in the county that involved a firearm between 2018 and 2022, which is 30% of the total 437 deaths by suicide that occurred during that four-year period.
In Maryland, 42% of all suicides are committed with a firearm and suicides make up 36% of all firearm deaths in the state, according to the CDC.
“We have a mental health crisis in our community,” said Council President Andrew Friedson (D-Dist. 1). “Suicide [attempts] when combined with a gun are oftentimes irreversible. And that is something that we need to address. … We need to reach as many people as possible to ensure that we don’t lose people unnecessarily to this epidemic.”
At a public hearing in October, the majority of speakers supported the legislation. Alyssa Sanders, a county resident and director of advocacy for EveryMind, a mental health nonprofit, said her organization has seen how often suicide is prevented when a person struggling with suicidal ideation is provided with other options. She said the SAFE Act would do this as well.
“Mental health issues remain highly stigmatized, making it very difficult for individuals to seek help when needed, including materials that promote open discussions about mental health,” Sanders said. “Statistics and stories highlight the fact that information, education, access to resources and time can save a life.”
Some speakers voiced concern about First Amendment rights and potential impact on firearms retailers.
“This mandates that we must provide information we already make available to our customers and authorizes the county to charge us with a potential criminal violation that includes hefty fines and potentially jail time if someone forgets to hand a customer a brochure,” said Regina Schneider, a county resident and Atlantic Guns co-owner. She said her store has already voluntarily provided suicide prevention literature. “[Firearms retailers] should not be subjected to this tremendous burden and potential risks.”
A similar law was enacted in Anne Arundel County last year. However, the legislation was challenged by a lawsuit in U.S. District Court challenging the law on First Amendment grounds. The suit was brought forth by Maryland Shall Issue, a nonprofit pro-Second Amendment and gun owners’ rights organization.
While a District Court judge ruled in the county’s favor, saying that the literature was a reasonable suicide prevention measure and not a violation of First Amendment rights, Maryland Shall Issue appealed. The case is now being heard before the U.S. Court of Appeals for the Fourth Circuit in Richmond. Oral arguments began Friday.
Mark Pennak, president of Maryland Shall Issue, wrote in an email to MoCo360 in September that the group’s position is that “such action is compelled speech under the First Amendment and is unconstitutional. If [Montgomery] County were sensible, it would wait for the outcome of that [Anne Arundel County] litigation before acting.”
Glass said at a press conference in September that the county is prepared to take legal action if a similar challenge is brought forward.