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Federal Court Ruled Maryland Handgun Purchase Permit Law Unconstitutional

Tuesday Second Amendment Win in Maryland

The Fourth Circuit Federal Appeals Court ruled on Tuesday that the Maryland Handgun purchase permit law is unconstitutional. Why? The law does not delineate between those who are prohibited from purchasing a firearm and whose would have no legal obstruction. Therefore, the law places an undue burden on EVERYONE who wishes to purchase a firearm. That does not comport to the historical tradition of firearms control placed by the Supreme Court in the Bruen decision.

A federal appeals court struck down Maryland’s handgun licensure law Tuesday as a violation of the Second Amendment.

Maryland law requires individuals seeking a handgun to first secure a “handgun qualification license,” which entails taking a four hour firearm safety class, completing a background investigation and waiting up to 30 days. The Fourth Circuit found that this law is not “consistent with this Nation’s historical tradition of firearm regulation,” which is the standard the Supreme Court set out in its recent New York State Rifle & Pistol Association v. Bruen ruling.” Daily Caller

The lawsuit was originally filed in 2016 but rejected by various courts at least twice.  This time, the court reversed those dismissals and ruled that the law targets law abiding citizens. It’s not the requirement to take a basic firearms course, but the waiting for up to 30 days that’s the issue.  It infringes on the Second Amendment. The State of Maryland was unable to prove a historical connection that such a rule is valid.

“Instead, it prohibits all people from acquiring handguns until they can prove that they are not dangerous. 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.” Judge Julius Richardson

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Faye Higbee

Faye Higbee is the columnist manager for Uncle Sam's Misguided Children. She has been writing at Conservative Firing Line since 2013 as well. She is also a published author.

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