Fed Court Strikes Down Maryland’s Handgun Licensing Law

[ImminentDanger]

Federal appeals court strikes down Maryland’s handgun licensing law
By Lea Skene - November 21, 2023
https://www.washingtontimes.com/news...-down-by-fede/

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 four-hour firearms safety course, are unconstitutionally restrictive.

In a 2-1 ruling, judges on the 4th U.S. Circuit Court of Appeals in Richmond said they considered the case in light of a U.S. 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, 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 Gov. 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 4th 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 self-defense. 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.

“If you live in Maryland and you want a handgun, you must follow a long and winding path to get one,” Richardson wrote in the opinion. “The challenged law restricts the ability of law-abiding adult citizens to possess handguns, and the state has not presented a historical analogue that justifies its restriction.”

The court also pointed to the timeline for obtaining a handgun qualification license, which could take up to 30 days.

Even though Maryland’s law doesn’t prohibit people from “owning handguns at some time in the future, it still prohibits them from owning handguns now,” Richardson wrote. “And the law’s waiting period could well be the critical time in which the applicant expects to face danger.”

But in her dissenting opinion, Judge Barbara Milano Keenan said her colleagues misapplied the Supreme Court precedent. She condemned their “hyperaggressive view of the Second Amendment.”

Instead of reversing the district court ruling that was issued before the 2022 Supreme Court decision, Keenan argued, the case should instead have been remanded to the lower court for reconsideration because “there is no legitimate reason to short-circuit the judicial process.”

Agee and Richardson were appointed by Republican presidents, while Keenan was appointed by a Democrat.

The Supreme Court’s 2022 ruling - its first major gun decision in more than a decade - was similarly split, with the court’s conservatives in the majority and liberals in dissent.

Mark Pennack, 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. He said it removes an unnecessary tangle of red tape.

“It’s a big win for common sense and the rule of law,” he said.

Pennack said the 2013 law made obtaining a handgun an overly expensive and arduous process. Before that law passed, he said, people had to complete a more limited training and pass a background check, among other requirements.

[Marlin60]

Wow. That's big.

So where does that leave us now at this moment? Can resident and non-resident citizens apply without the training now?

[Walleye Hunter]

This sounds like it's just for the right to own one? Or am I seeing it wrong? And if I'm right, how would this affect NY's laws? As it is, they need a permit just to one a pistol before they can buy one and with their recent legislation, that's even tougher to get.

[gnbrotz]

This ruling changes nothing in regards to concealed/open carry. This was in regards to requirements mandated in order to even make a purchase.

[ImminentDanger]

Federal Court Rules Against Maryland's Gun License Law
By Charlie McCarthy - 21 November 2023
https://www.newsmax.com/newsfront/4t...21/id/1143144/

A federal appeals court on Tuesday ruled in favor of a gun rights group, saying Maryland's preliminary handgun-licensure requirement is unconstitutional and cannot be enforced.

The U.S. Court of Appeals for the 4th Circuit ruled in favor of Maryland Shall Issue, which challenged the law, The Daily Record reported.

The decision is a victory for gun rights advocates in the wake of the Supreme Court's decision in New York State Rifle & Pistol Association Inc. v. Bruen.

The high court in June 2022 said requiring people to show a particular need to carry a gun in order to obtain a license to carry one in public violated the Second Amendment right to "keep and bear arms."

Passed in 2016, Maryland's Handgun Qualification Law requires a person who wishes to buy a handgun to apply for the license, Maryland Matters reported.

The 4th Circuit found that Maryland's law restricts the ability of law-abiding adult citizens to possess handguns. The split three-judge majority wrote that Maryland failed to show a "historical tradition" of firearm regulation justifying the license.

To qualify for a license, a person must be a state resident and at least 21 years old; submit fingerprints; undergo a background check; and successfully complete a four-hour course which includes firing at least one live round at a firing range. The process can take up to 30 days.

"If you live in Maryland and want a handgun, you must follow a long and winding path to get one," the majority wrote in its opinion.

"In order to get a handgun, Plaintiffs still have to follow all of the law's steps. And, although they will be able to complete each one, it is impossible to do so right away."

Democrat Gov. Wes Moore released a statement saying he was "disappointed" with the appellate court's decision.

"This law is not about stripping away rights from responsible gun owners - it's about every Marylander having the right to live free from fear," Moore said.

"Common-sense gun laws are critical to protecting all Marylanders from the gun violence that has terrorized our communities. 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.

"Every Marylander has the right to feel safe in their own neighborhood - and I will continue to fight for this law. Our administration is currently looking at all options and reviewing the ruling."

The appellate court's ruling could face additional appeals. The state could seek a review by the 4th Circuit or the Supreme Court.

Oregon Judge Rules Gun Control Law Breaks State Constitution
Tuesday, 21 November 2023 06:19 PM EST
https://www.newsmax.com/newsfront/or...21/id/1143169/

An Oregon judge ruled Tuesday that a voter-approved gun control law violates the state constitution, continuing to block it from taking effect and casting fresh doubt over the future of the embattled measure.

The law, one of the toughest in the nation, was among the first gun restrictions to be passed after a major U.S. Supreme Court ruling last year changed the guidance judges are expected to follow when considering Second Amendment cases.

The decision was handed down by Circuit Court Judge Robert S. Raschio, the presiding judge in Harney County in rural southeast Oregon.

The law requires people to undergo a criminal background check and complete a gun safety training course in order to obtain a permit to buy a firearm. It also bans high-capacity magazines.

Measure 114 has been tied up in state and federal court since it was narrowly approved by voters last November.

The state trial stemmed from a lawsuit filed by gun owners, claiming the law violated the right to bear arms under the Oregon Constitution.

The defendants, which include such Oregon officials as Democratic Gov. Tina Kotek, Attorney General Ellen Rosenblum and State Police Superintendent Casey Codding, are expected to appeal.

(Underlines are mine)

...

[esh21167]

And within 24 hours some liberal judge will issue an injunction making the ruling moot...

[Walleye Hunter]

And within 24 hours some liberal judge will issue an injunction making the ruling moot...

Very likely. But I follow the hogg on twatter and post those stories on his feed so I get some pleasure out of them.

[middlefinger]

And within 24 hours some liberal judge will issue an injunction making the ruling moot...

I don't think they can.

this was at the 4th circuit which reversed the state supreme court

next stop, the United States Supreme Court

the ruling mentioned the Bruin decision and its historical context so it's doubtful the Supreme Court will take it up

A federal appeals court struck down part of Maryland*s laws regulating handguns Tuesday, overturning a requirement to obtain a handgun license before purchasing a firearm.

In a 2-1 ruling, a panel of the Virginia-based 4th Circuit Court of Appeals ruled that Maryland cannot add more regulations for acquiring handguns than for other weapons. The court said the law was unenforceable in the wake of a Supreme Court ruling last year.

The judges cited last summer*s Supreme Court ruling that loosened New York gun laws and said the government must show efforts to regulate guns are *consistent with this nation*s historical tradition of firearm regulation.*

Under current Maryland law, a person is required to get a handgun license in addition to all other requirements to purchase a firearm. That license requires that a person pass a handgun safety course, a background check and wait up to 30 days.
The majority opinion stated that those extra requirements put an unnecessary burden on Second Amendment rights.

*The challenged law restricts the ability of law-abiding adult citizens to possess handguns,* wrote Judge Julius Richardson, a Trump appointee. *But even though Maryland*s law does not prohibit Plaintiffs from owning handguns at some time in the future, it still prohibits them from owning handguns now.*

*In other words, though it does not permanently bar Plaintiffs from owning handguns, the challenged law deprives them of that ability until their application is approved, no matter what they do,* he continued.

Tuesday*s ruling is the second in recent months to limit Maryland gun control laws. In late September, a federal judge in the state ruled that Maryland*s restrictions on where firearms can be carried were unconstitutional.

That case was also based on the Supreme Court*s ruling from 2022, which has served as the foundation for dozens of suits nationwide aiming to reverse gun control legislation.

In a scathing dissent, Senior Circuit Judge Barbara Keenan argued that her colleagues misapplied the Supreme Court*s New York State Rifle & Pistol Association Inc. v. Bruen ruling and should have remanded the case back to the lower district court for a further decision.

Keenan, an Obama appointee, said the decision *fundamentally misapplies Bruen* by failing to discern between laws that specify that the state *shall* do something with those which state it *may.*

*Simply stated, the majority*s hyperaggressive view of the Second Amendment would render presumptively unconstitutional most non-discretionary laws in this country requiring a permit to purchase a handgun,* Keenan wrote.

Instead of tossing out the law, she argued, the court should have sent the case back to the district court to determine if the Bruen standard applies. Keenan added that her fellow circuit court judges were attempting to *pound a square peg into a round hole.*

It is unclear if Maryland plans to file an appeal to the ruling. The case was initially brought in 2016 and has been backed by firearms rights groups, including the National Rifle Association (NRA).

The NRA called the ruling a *huge victory* Tuesday.

In a statement to The Hill, The Maryland Attorney General*s office said they are *weighing options* over whether to appeal the ruling.

https://www.msn.com/en-us/news/polit...b6b9ed33&ei=28