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Handgun Licensure Law Struck Down By Federal Appeals Court
A federal appeals court on Tuesday ruled Maryland’s handgun licensure law is unconstitutional.
The state law requires individuals attempting to purchase a handgun first secure a “handgun qualification license.”
The license requires “taking a four hour firearm safety class‚ completing a background investigation and waiting up to 30 days‚” Daily Caller reports.
In a 2-1 ruling‚ the 4th Circuit Court of Appeals said the law is unenforceable following the U.S. Supreme Court’s ruling in New York State Rifle &; Pistol Association v. Bruen.
Federal Appeals Court Finds Maryland’s Handgun License Law Unconstitutional
Maryland: handgun license‚ 4 hr firearm safety class background check 30 day wait 4th Cir: law not “consistent with this Nation’s historical tradition of firearm regulation”#2Ahttps://t.co/nguBCd5hZK pic.twitter.com/eM4fqIKlWE
— TruthUnitesUs (@TruthUnitesUs) November 22‚ 2023
“The Fourth Circuit has struck down Maryland’s handgun purchase permit law‚ saying it violates the Second Amendment‚” Firearms Policy Coalition writes.
LEGAL ALERT: The Fourth Circuit has struck down Maryland's handgun purchase permit law‚ saying it violates the Second Amendment. https://t.co/Y3hVHHliHv pic.twitter.com/PjbIWoUSm4
— Firearms Policy Coalition (@gunpolicy) November 21‚ 2023
*Images from Firearms Policy Coalition X Post*
Daily Caller reports:
“In Maryland‚ if you are a law-abiding person who wants a handgun‚ you must wait up to thirty days for the state to give you its blessing‚” Judge Julius Richardson‚ a Trump appointee‚ wrote in the majority opinion. “Until then‚ there is nothing you can do; the issue is out of your control. Maryland has not shown that this regime is consistent with our Nation’s historical tradition of firearm regulation.”
Richardson wrote that Maryland’s requirement does not fall into the same category as laws prohibiting dangerous people from obtaining weapons because it does not identify a specific group to restrict from owning firearms.
“Instead‚ it prohibits all people from acquiring handguns until they can prove that they are not dangerous‚” he wrote. “So Maryland’s law burdens all people—even if only temporarily— rather than just a class of people whom the state has already deemed presumptively dangerous.”
“There might well be a tradition of prohibiting dangerous people from owning firearms. But‚ under the Second Amendment‚ mechanism matters. And Maryland has not pointed to any historical laws that operated by preemptively depriving all citizens of firearms to keep them out of dangerous hands. Plaintiffs’ challenge thus must succeed‚ and the district court’s contrary decision must be‚” the ruling read.
Read the full 41-page ruling HERE.
In related news‚ an Oregon judge issued a permanent injunction on a Ballot Measure that required a permit‚ criminal background check‚ and training course to buy a gun while also banning high-capacity magazines.
Judge Issues Permanent Injunction On Gun Control Ballot Measure
“GOF and Gun Owners of America just received a PERMANENT INJUNCTION in our case against Oregon’s Ballot Measure 114. This is a HUGE win in strong anti-gun territory!” Gun Owners Foundation said Tuesday.
“This court is preventing the undue burden of Ballot Measure 114 from being imposed on current‚ and prospective‚ gun owners who have a right to lawfully possess firearms for the purposes of defending themselves and the state against imminent threats of harm‚” the ruling stated.
The ruling stated Ballot Measure 114 is “facially unconstitutional in all of its applications under Oregon Constitution.”
“Ballot Measure 114 is permanently enjoined from implementation‚” it added.
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