A federal appeals court on Friday upheld Maryland’s handgun licensing law requiring that gun owners first go through firearms training and pass a background check.
There was disagreement on the reasoning, but only two members of the 16-judge en banc panel dissented that the state’s permit process is constitutional, despite the Supreme Court’s significant expansion of gun rights in New York State Rifle & Pistol Association v. Bruen. “We are not free to ignore the Supreme Court’s clear guidance.” said Judge Barbara Milano Keenan, who wrote the majority opinion, “nor to unduly constrain legislatures seeking to employ such measures to prevent handgun misuse and violent criminal activity.” Judge Allison Jones Rushing concurred saying, “The handgun license requirement is nevertheless constitutional because it is consistent with the principles underlying our Nation’s historical tradition of firearm regulation.”
The “history and tradition” guidance comes from the Bruen ruling, which stated that gun laws must align with the nation’s “history and tradition” from the 18th or mid-19th century. Justice Clarence Thomas wrote in Bruen that “nothing in our analysis should be interpreted to suggest the unconstitutionality of the 43 States’ ‘shall-issue’ licensing regimes, under which ‘a general desire for self-defense is sufficient to obtain a [permit].” He pointed out that nearly every state in the country has such a law in place.
Judge Julius Richardson dissented with the majority opinion on Friday saying that Maryland “has not shown that history and tradition justify its handgun licensing requirement.” He further stated that he hopes future cases will be based on assessments of “firearm regulations against history and tradition”.
Challengers of the Maryland law argued that Justice Thomas in Bruen also said that gun licensing laws could be “abusive” if they require “lengthy wait times in processing license applications or exorbitant fees.” Maryland law requires prospective gun owners to complete at least four hours of training and pay a $50 fee. The entire process can take up to 30 days, with an additional week required to register the firearm. Additionally, applicants must be at least 21 years old to qualify.
Maryland’s gun law was enacted in the wake of the 2012 Sandy Hook Elementary School shooting in Connecticut. It was aimed to curb “straw purchasers“—those who buy guns on behalf of individuals who wouldn’t pass a background check. Following the 2022 Supreme Court’s decision in Bruen, then-Gov. Larry Hogan of Maryland removed the requirement from state law that prospective gun owners demonstrate “a good and substantial reason” for wanting to carry a concealed weapon.
Maryland Attorney General Anthony Brown praised Friday’s ruling as a step forward for Maryland and gun safety. He stated, “We must ensure guns stay out of the hands of those who are not allowed, under our laws, to carry them. The application for a gun license and the required training and background check, are all critical safety checks.”
The National Rifle Association responded to Friday’s ruling in a statement saying that the plaintiffs “will now consider whether to petition the Supreme Court to” hear the case.
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Publish date : 2024-08-24 21:33:00
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