Federal appeals court strikes down portion of Maryland gun law

[LAUREN TAYLOR]

IN MARYLAND – IT WILL NOW BE EASIER FOR RESIDENTS TO OBTAIN A HANDGUN.

ON TUESDAY, A FEDERAL APPEALS COURT STRUCK DOWN PART OF THE “MARYLAND FIREARM SAFETY ACT OF 2013.”

 THE LAW REQUIRES MARYLANDERS TO: COMPLETE 4-HOUR FIREARM SAFETY TRAINING COURSE, FIRE AT LEAST ONE LIVE ROUND, SUBMIT FINGERPRINTS, PASS A BACKGROUND CHECK AND THEN WAIT 30 DAYS FOR THEIR APPLICATION TO BE APPROVED IN ORDER TO PURCHASE A HANDGUN.

IN A 2-1 DECISION, THE THREE-JUDGE PANEL OF VIRGINIA’S FOURTH CIRCUIT COURT OF APPEALS RULED THE LAW UNCONSTITUTIONAL – SAYING IT VIOLATES THE RIGHT TO “KEEP AND BEAR ARMS” AND “RESTRICTS THE ABILITY OF LAW-ABIDING ADULT CITIZENS TO POSSESS HANDGUNS.” 

JUDGE RICHARDSON WRITES: “IF YOU LIVE IN MARYLAND AND YOU WANT A HANDGUN, YOU MUST FOLLOW A LONG AND WINDING PATH TO GET ONE.”

THE PANEL CITED THE SUPREME COURT’S 2022 RULING IN NEW YORK STATE RIFLE & PISTOL ASSOCIATION V BRUEN – WHICH DECLARED GUN LAWS HAD TO BE “CONSISTENT WITH THE NATION’S HISTORICAL TRADITION OF FIREARM REGULATION”

THE MAJORITY OPINION STATED THE MARYLAND LAW FAILS THE NEW BRUEN TEST AS THE STATE “HAS NOT ESTABLISHED THAT THE LAW IS CONSISTENT WITH OUR NATION’S HISTORICAL TRADITION.”

GROUPS AND LEADERS ARE RESPONDING TO THE COURT’S REVERSAL.

ONE OF THE PLAINTIFFS IN THE CASE – A NONPROFIT ORGANIZATION CALLED “MARYLAND SHALL ISSUE” WROTE ON X… “we are pleased to announce that the court of appeals for the fourth circuit has just ruled that maryland’s handgun qualification license requirement is unconstitutional under the second amendment.”

HOWEVER, NOT EVERYONE IS ON BOARD WITH THE COURT’S DECISION.

MARYLAND GOVERNOR WES MOORE, A DEMOCRAT, RESPONDED:

“I AM DISAPPOINTED IN THE FOURTH CIRCUIT COURT’S DECISION. THIS LAW IS NOT ABOUT STRIPPING AWAY RIGHTS FROM RESPONSIBLE GUN OWNERS –IT’S ABOUT EVERY MARYLANDER HAVING THE RIGHT TO LIVE FREE FROM FEAR.”

GOVERNOR MOORE SAYS HIS ADMINISTRATION WILL CONTINUE TO FIGHT FOR THE LAW.

HIS ADMINISTRATION IS CURRENTLY LOOKING AT ALL OPTIONS AND REVIEWING THE RULING.

THE STATE HAS TWO OPTIONS:

IT CAN EITHER SEEK A HEARING BEFORE THE 4TH CIRCUIT COURT OR IT CAN PETITION THE SUPREME COURT TO REVIEW THE DECISION.

THIS DECISION DOESN’T CHANGE OTHER MARYLAND GUN LAWS IN PLACE –

YOU WILL STILL BE REQUIRED TO PASS A BACKGROUND CHECK TO PURCHASE A GUN – AND THERE’S STILL A WAITING PERIOD IN PLACE.