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Federal Court Finds Maryland Anti-Gun Law Unconstitutional

Tuesday, a federal appeals court invalidated the handgun licensing law in Maryland on the grounds that it violated the Second Amendment.

Prerequisites for obtaining a handgun under Maryland law include obtaining a “handgun qualification license,” which requires completion of a background investigation, attendance at a four-hour firearm safety course, and a 30-day waiting period.

“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. 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.” Judge Julius Richardson wrote.

The Fourth Circuit determined that this legislation fails to adhere to the historical norm of firearm regulation established by the Supreme Court in its recent decision in New York State Rifle & Pistol Association v. Bruen.

Richardson wrote that because it does not identify a specific group to be prohibited from possessing firearms, Maryland’s requirement does not fall into the same category as laws prohibiting supposedly hazardous individuals from obtaining weapons.

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