Federal Appeals Court Strikes Down Maryland's Handgun Licensing Law

Federal appeals court rules against Maryland's handgun licensing law.

A federal appeals court has struck down a part of Maryland's handgun licensing law, arguing that the state cannot add more regulations to acquiring them than for other weapons.

A panel of the Virginia-based 4th Circuit Court of Appeals ruled in a 2-1 vote where it said that the law was unenforceable in the wake of a Supreme Court ruling last year. The judges of the appeals court cited last summer's ruling that loosened New York gun laws.

Maryland Handgun Licensing Law

Federal Appeals Court Strikes Down Maryland's Handgun Licensing Law
A federal appeals court struck down Maryland's handgun licensing law that mandates additional requirements for purchasing them compared to other firearms. MIGUEL MEDINA / AFP) (MIGUEL MEDINA/AFP via Getty Images

It added that the government must show efforts to regulate guns are "consistent with this nation's historical tradition of firearm regulation." Under current Maryland law, an individual needs to get a handgun license on top of all other requirements to purchase a firearm.

That particular license requires a buyer to pass a handgun safety course, and a background check, and wait up to 30 days. The majority opinion of the federal appeals court said that the additional requirements place an unnecessary burden on Second Amendment rights, as per The Hill.

Judge Julies Richardson, who was appointed by former United States President Donald Trump, said that the challenged law restricts the ability of law-abiding citizens to possess handguns. He noted that while the state's law does not explicitly prohibit plaintiffs from owning handguns in the future, it does so now.

He continued to say that this meant that while it does not permanently bar plaintiffs from owning handguns, it deprives them of that ability until their application is approved. The ruling of the federal appeals court on Tuesday is the second in recent months that limits Maryland gun control laws.

It comes after a federal judge in late September ruled that the state's restrictions on where firearms can be carried were unconstitutional. That particular case was also based on the Supreme Court's 2022 ruling. The latter has served as the foundation for dozens of suits across the United States that seek to reverse gun control legislation.

The law in question was passed by Democrats in 2013 following the shooting the year prior at Sandy Hook Elementary School in Connecticut. At the time that the restrictive law was passed, advocates heralded the additional requirements as a way to deal with "straw purchasers" who bought firearms on behalf of people who could not pass background checks, according to the Washington Post.

Addressing Gun Violence

The Maryland State Police said that since the additional requirements were implemented, there have been more than 315,700 permits that were issued. The federal appeals court said that the law's waiting period could be critical in which the applicants could expect to face danger.

Democratic Maryland Gov. Wes Moore expressed his disappointment in the federal appeals court's ruling on the matter. He said that he would continue to fight for the law and noted that his administration is already reviewing the ruling and considering options.

In a Tuesday statement, the governor said that common-sense gun laws are crucial in protecting residents of the state from the gun violence that has terrorized communities. He added that he is determined to do more than just give out thoughts and prayers for the relatives of victims, said WTOP.

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