Maryland
Maryland can’t enforce handgun licensing law
Maryland cannot enforce a law requiring people to obtain a license before they can buy a handgun, the 4th U.S. Circuit Court of Appeals ruled on Tuesday.
The state’s law requires people who want to buy a handgun to first complete steps such as submitting fingerprints for a background investigation and taking a firearms safety training course. Those are requirements for obtaining a handgun qualification license, or HQL.
In a 2-1 opinion, Circuit Judge Julius N. Richardson wrote that the law cannot stand under a landmark U.S. Supreme Court decision holding that a firearm regulation is unconstitutional unless the government can show it is consistent with the nation’s historical tradition.
“The challenged law restricts the ability of law-abiding adult citizens to possess handguns, and the state has not presented a historical analogue that justifies its restriction; indeed, it has seemingly admitted that it couldn’t find one,” Richardson wrote. “Under the Supreme Court’s new burden-shifting test for these claims, Maryland’s law thus fails, and we must enjoin its enforcement.”
Senior Judge Barbara Milano Keenan dissented from the court’s opinion.
Gun control advocates decried the court’s ruling.
Everytown Law, the legal arm of the advocacy group Everytown for Gun Safety, immediately panned the ruling as “a dangerous and misguided decision.”
Much of the court’s rationale rested with a 2022 U.S. Supreme Court case known as the Bruen decision, which set a new standard for evaluating the Constitutionality of gun laws.
“Requiring handgun purchasers to pass a background check and undergo gun safety training prior to purchasing a gun is not only common sense, it is entirely consistent with the Second Amendment and the new test established by the Bruen decision,” William Taylor, a deputy director with Everytown Law, said in a statement.
Everytown expressed confidence that the 4th Circuit’s decision will be overturned.
This is a developing story. Check back later for more information.
dylan.segelbaum@thebaltimorebanner.com
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