4th Circuit to Reevaluate Constitutionality of Maryland’s Handgun Licensing Law

In a surprising turn of events, the 4th U.S. Circuit Court of Appeals, headquartered in Richmond, Virginia, has decided to review a case challenging Maryland’s handgun licensing requirements. This comes after a prior 2-1 panel decision in November declared the 2013 law, which mandates training and background checks for handgun purchases, as violating the Second Amendment.

The legal challenge was spearheaded by Maryland Shall Issue, a gun rights group, along with two individuals and a gun store, with backing from the National Rifle Association (NRA) covering legal expenses. The contested law, a component of Maryland’s broader Firearm Safety Act of 2013, had faced criticism for its imposition of training and background check prerequisites on prospective handgun buyers.

The majority decision against the law in November came from judges appointed by Republican presidents, but the full 14-member court, including eight judges appointed by Democrats, is set to reevaluate the case in March.

Maryland Attorney General Anthony Brown, a Democrat, expressed approval of the court’s decision to rehear the case, emphasizing the importance of defending sensible gun laws to protect citizens from preventable tragedies.

The focal point of the controversy revolves around a law requiring prospective handgun buyers to submit fingerprints for a background investigation and undergo a four-hour safety training course. The applicants then face a 30-day waiting period before completing the regular process to acquire a firearm through a separate background check system.

Referencing a 2022 Supreme Court ruling, New York State Rifle & Pistol Association v. Bruen, the court emphasized that gun laws must align with the nation’s historical tradition of firearm regulation to be deemed valid. U.S. Circuit Judge Julius Richardson, an appointee of former President Donald Trump, argued in the November ruling that Maryland’s law went beyond historical limitations and imposed an additional, unnecessary waiting period on law-abiding citizens.

As this legal saga unfolds, the spotlight is on the court’s impending decision and its potential implications for Maryland’s handgun licensing landscape. Stay tuned for updates on this evolving legal drama.

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