Federal Appeals Court Strikes Down Part of Maryland's Handgun Regulations

https://icaro.icaromediagroup.com/system/images/photos/15890993/original/open-uri20231121-55-1yldymg?1700605394
ICARO Media Group
Politics
21/11/2023 22h21

In a recent ruling, the Virginia-based 4th Circuit Court of Appeals overturned a requirement in Maryland's handgun regulations that mandated obtaining a handgun license prior to purchasing a firearm. The decision, made in a 2-1 ruling, stated that Maryland cannot impose additional regulations on acquiring handguns compared to other weapons.

The court referred to a Supreme Court ruling from last year, which resulted in the loosening of gun laws in New York. The ruling emphasized that government efforts to regulate firearms should be in line with the historical tradition of firearm regulation in the United States.

Under the current law in Maryland, individuals are required to acquire a handgun license in addition to meeting all other requirements for purchasing a firearm. This license necessitates passing a handgun safety course, undergoing a background check, and waiting for up to 30 days.

The majority opinion of the court stated that these additional requirements place an unnecessary burden on Second Amendment rights. Judge Julius Richardson, a Trump appointee, wrote, "The challenged law restricts the ability of law-abiding adult citizens to possess handguns."

The ruling marks the second time in recent months that Maryland gun control laws have been limited. In September, a federal judge declared Maryland's restrictions on where firearms can be carried as unconstitutional. This decision was also based on the Supreme Court ruling from 2022, which has prompted numerous lawsuits across the country challenging gun control legislation.

Senior Circuit Judge Barbara Keenan vehemently dissented from the majority opinion, arguing that her colleagues misinterpreted the Supreme Court's ruling. She suggested remanding the case back to the lower district court for further consideration.

It remains uncertain whether Maryland intends to appeal the ruling. The case was initially filed in 2016 and has gained support from firearms rights groups, including the National Rifle Association (NRA).

The NRA hailed the ruling as a "huge victory," while the Maryland Attorney General's office stated that they are currently "weighing options" regarding a potential appeal.

The ruling raises questions about the future of handgun regulations in Maryland and may have broader implications for gun control legislation across the United States.

The views expressed in this article do not reflect the opinion of ICARO, or any of its affiliates.

Related