Maryland is one of 14 states that require background checks for all firearm purchases, whether or not the seller is a federally licensed dealer. Since 2013, Maryland has imposed an additional requirement on handgun buyers: They must first obtain a “handgun qualification license,” which entails completing at least four hours of firearm training and undergoing a seemingly redundant “investigation” aimed at screening out people who are legally disqualified from owning guns. According to the U.S. Court of Appeals for the 4th Circuit, that process, which can take up to 30 days, violates the Second Amendment.
In a decision published on Tuesday, a divided 4th Circuit panel concluded that Maryland’s handgun ownership licensing system is not “consistent with this Nation’s historical tradition of firearm regulation”—the constitutional test that the U.S. Supreme Court established last year in New York State Rifle & Pistol Association v. Bruen. Writing for the majority in Maryland Shall Issue v. Moore, 4th Circuit Judge Julius Richardson notes that Bruen “effected a sea change in Second Amendment law,” making a variety of gun control laws newly vulnerable to constitutional challenges. Maryland’s handgun licensing law is the latest example.
The state argued that the law fits a tradition of disarming “dangerous” individuals, such as people with felony records, illegal drug users, and people convicted of domestic violence misdemeanors. “Maryland simply assumes that those federal prohibitions are justified by a historical ‘dangerousness’ exception,” Richardson writes. And because “the challenged law is ostensibly designed to prevent those same groups of people from acquiring handguns,” the state argued, “it also falls within the same ‘dangerousness’ exception.”
But even if the goal is the same, Richardson says, the “mechanism” embodied in the licensing law is “entirely different.” Maryland did not merely prohibit people from owning guns based on criteria that supposedly indicate they pose a threat to public safety. “Instead,” Richardson writes, “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.”
Hellbound and Down 