On Tuesday, the Fourth Circuit Court of Appeals decided against Maryland’s handgun licensing law, finding that it violated the Second Amendment, as reported by The Daily Caller.
The existing Maryland legislation mandates that individuals wishing to buy a handgun must first obtain a “handgun qualification license,” which involves completing a four-hour firearm safety instruction class, undergoing a background investigation, and waiting for up to 30 days.
According to the report by The Daily Caller, the Fourth Circuit Court of Appeals determined that the state’s law does not align with the historical tradition of firearm regulation in the nation, referencing the recent Supreme Court ruling in New York State Rifle & Pistol Association v. Bruen.
In Tuesday’s ruling, Judge Julius Richardson, appointed by former President Donald Trump, stated that “If you are a law-abiding individual in Maryland and desire to possess a handgun, you are compelled to await the state’s approval for up to thirty days. Until then, you essentially are left powerless. Maryland has failed to demonstrate that this system adheres to the historical tradition of firearm regulation in our nation.”
Richardson highlighted that the requirement for a handgun license in Maryland does not distinguish between individuals intending to purchase a handgun and the rest of the population as deemed dangerous individuals, unlike other firearm restriction laws.
He added, “Instead, this law prohibits all individuals from acquiring handguns until they can prove they are not dangerous. Thus, Maryland’s law imposes a burden on everyone—even if only temporarily—rather than solely on a category of individuals whom the state has already labeled as presumptively dangerous.”
In a contrasting viewpoint, Senior Judge Barbara Milano Keenan, appointed by former President Barack Obama, argued that “the majority’s broad interpretation of the Second Amendment would render most non-discretionary laws in the country that mandate a permit to buy a handgun presumptively unconstitutional.”