A higher judicial body in the federal system affirmatively endorses Maryland's regulations concerning handgun acquisition permits.
A larger number of judges from the 4th U.S. Circuit Court of Appeals in Richmond, Virginia, upheld a lower court judge's decision in favor of Maryland recently.
The majority dismissed the claimants' argument that Maryland's gun qualification statute infringes on applicants' Second Amendment rights to possess and carry firearms. The statute necessitates most Maryland residents to secure a handgun qualification license before purchasing a handgun.
Senior Judge Barbara Milano Keenan authored the majority opinion on Friday, with nine other judges in agreement. Five judges offered opinions concurring with the majority's decision. Two judges joined in a disagreement.
“The requirement for a handgun license remains constitutional because it aligns with the fundamental principles underpinning our nation’s long-standing firearm regulation tradition,” Judge Allison Jones Rushing wrote in a concurring opinion.
In his dissenting opinion, Judge Julius Richardson contested that Maryland "has not demonstrated that history and tradition validate its handgun licensing requirement."
“I can merely hope that upcoming cases will alter course and scrutinize firearm regulations according to history and tradition,” he penned.
The court agreed to hear the case following a 2-1 decision by a three-judge panel last year, which declared that the requirements, such as providing fingerprints for a background check and completing a four-hour firearms safety course, were inconsistent with the Constitution.
In their divided judgment in November, the 4th Circuit panel assessed the case in view of a 2022 U.S. Supreme Court decision, which marked a significant shift in Second Amendment law. The 6-3 decision prompted a significant expansion of gun rights in the wake of a series of mass shootings.
With its conservative justices in the majority and liberals in dissent, the Supreme Court overturned a New York regulation and asserted that Americans have the right to carry firearms in public for self-defense. It also mandated that gun policies align with the country’s traditional firearm regulation history.
The original lawsuit stemmed from a 2016 challenge to a Maryland law requiring individuals to obtain a special permit prior to purchasing a handgun. The claimants included the advocacy group Maryland Shall Issue and licensed gun dealer Atlantic Guns Inc.
Mark Pennak, president of Maryland Shall Issue, stated that the claimants consider Friday's ruling to be in contradiction with Supreme Court precedent and "flatly incorrect as a matter of common sense."
“The majority opinion is, in the words of the dissent, ‘devoid of merit,’” he said, further mentioning that a petition for the Supreme Court to review the decision "all but writes itself."
Maryland's law was enacted in 2013 following the mass shooting at Sandy Hook Elementary School in Connecticut. It outlined prerequisites for potential firearm buyers: completing a four-hour safety training program, providing fingerprints, and surpassing a background check, turning 21, and residing in Maryland.
Gun-rights advocates argued that the 2013 law made acquiring a handgun overly costly and laborious. Prior to the law's implementation, individuals had to complete a more limited training program and pass a background check. However, supporters of the more stringent requirements argued that they served as a common-sense tool for preventing firearms from falling into the wrong hands.
The court deliberated on the case in March. It's one of two gun rights cases originating from Maryland that the federal appeals court took up around the same time. The other is a challenge to Maryland's assault weapons ban.
Maryland Attorney General Anthony Brown stated that the ruling signified "a triumphant day for Maryland and sensible gun safety."
“We must ensure that firearms do not end up in the hands of those who, under our laws, are prohibited from carrying them,” Brown said in a statement. “The application for a gun license and the required training and background check, are all crucial safety checks.”
The judges, including Senior Judge Barbara Milano Keenan and nine others, are all part of the 4th U.S. Circuit Court of Appeals and they are based in Richmond, Virginia.
In response to the claimants' argument, the majority opinion stated that the handgun license requirement aligns with the nation's firearm regulation tradition.
