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Tags: 4th circuit | appeals | court | ruling | handgun | license | maryland

Federal Court Rules Against Maryland's Gun License Law

By    |   Tuesday, 21 November 2023 02:54 PM EST

A federal appeals court on Tuesday ruled in favor of a gun rights group, saying Maryland's preliminary handgun-licensure requirement is unconstitutional and cannot be enforced.

The U.S. Court of Appeals for the 4th Circuit ruled in favor of Maryland Shall Issue, which challenged the law, The Daily Record reported.

The decision is a victory for gun rights advocates in the wake of the Supreme Court’s decision in New York State Rifle & Pistol Association Inc. v. Bruen.

The high court in June 2022 said requiring people to show a particular need to carry a gun in order to obtain a license to carry one in public violated the Second Amendment right to "keep and bear arms."

Passed in 2016, Maryland’s Handgun Qualification Law requires a person who wishes to buy a handgun to apply for the license, Maryland Matters reported.

The 4th Circuit found that Maryland's law restricts the ability of law-abiding adult citizens to possess handguns. The split three-judge majority wrote that Maryland failed to show a "historical tradition" of firearm regulation justifying the license.

To qualify for a license, a person must be a state resident and at least 21 years old; submit fingerprints; undergo a background check; and successfully complete a four-hour course which includes firing at least one live round at a firing range. The process can take up to 30 days.

"If you live in Maryland and want a handgun, you must follow a long and winding path to get one," the majority wrote in its opinion.

"In order to get a handgun, Plaintiffs still have to follow all of the law’s steps. And, although they will be able to complete each one, it is impossible to do so right away."

Democrat Gov. Wes Moore released a statement saying he was "disappointed" with the appellate 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," Moore said.

"Common-sense gun laws are critical to protecting all Marylanders from the gun violence that has terrorized our communities. I am determined to do more than just give thoughts and prayers and attend funerals — and that’s why this law is vital to our administration's commitment to keeping guns out of the wrong hands and saving lives.

"Every Marylander has the right to feel safe in their own neighborhood — and I will continue to fight for this law. Our administration is currently looking at all options and reviewing the ruling."

The appellate court’s ruling could face additional appeals. The state could seek a review by the 4th Circuit or the Supreme Court.

Charlie McCarthy

Charlie McCarthy, a writer/editor at Newsmax, has nearly 40 years of experience covering news, sports, and politics.

© 2024 Newsmax. All rights reserved.


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A federal appeals court on Tuesday ruled in favor of a gun rights group, saying Maryland's preliminary handgun-licensure requirement is unconstitutional and cannot be enforced. The U.S. Court of Appeals for the 4th Circuit ruled in favor of Maryland Shall Issue, which...
4th circuit, appeals, court, ruling, handgun, license, maryland
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2023-54-21
Tuesday, 21 November 2023 02:54 PM
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