Judges overturn Md. gun license law
Requirements found restrictive
BALTIMORE — A federal appeals court on Tuesday struck down Maryland’s handgun licensing law, finding that its requirements, which include submitting fingerprints for a background check and taking a fourhour firearms safety course, are unconstitutionally restrictive.
In a 2-1 ruling, judges on the Fourth US Circuit Court of Appeals in Richmond said they considered the case in light of a US Supreme Court decision last year that “effected a sea change in Second Amendment law.”
The underlying lawsuit was filed in 2016 as a challenge to a Maryland law requiring people to obtain a special license before purchasing a handgun. The law, which was passed in 2013 in the aftermath of the mass shooting at Sandy Hook Elementary School in Connecticut, laid out a series of necessary steps for would-be gun purchasers: completing four hours of safety training that includes firing one live round, submitting fingerprints and passing a background check, being 21, and residing in Maryland.
Maryland Governor Wes Moore, a Democrat, said he was disappointed in the circuit court’s ruling and will “continue to fight for this law.” He said his administration is reviewing the ruling and considering its options.
“Common-sense gun laws are critical to protecting all Marylanders from the gun violence that has terrorized our communities,” Moore said in a statement Tuesday. “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.”
The Fourth Circuit opinion by Judge Julius Richardson directly references the Supreme Court decision last year that found Americans have a right to carry firearms in public for selfdefense. That ruling, which also came after a series of mass shootings, ushered in a major expansion of gun rights.
It also required gun laws to fall in line with the country’s “historical tradition of firearm regulation.” In this case, Richardson and Judge G. Steven Agee found no evidence of such alignment.
The court also pointed to the timeline for obtaining a handgun qualification license, which could take up to 30 days.
Mark Pennak, president of the advocacy group Maryland Shall Issue, which brought the lawsuit challenging the state licensing requirement, said he’s pleased with Tuesday’s ruling.
“It’s a big win for common sense and the rule of law,” he said.