MD HQL Unconstitutional

kom526

They call me ... Sarcasmo

The U.S. Court of Appeals for the 4th Circuit ruled today that Maryland’s preliminary handgun-licensure requirement is unconstitutional and cannot be enforced, a victory for gun rights advocates in the wake of the Supreme Court’s Bruen decision last year.

In a published opinion, the 4th Circuit found that Maryland’s law, challenged by gun rights group Maryland Shall Issue, restricts the ability of law-abiding adult citizens to possess handguns. Though Maryland’s law does not prohibit the group from owning handguns at some time in the future, according to the opinion, the law prohibits them from immediately owning handguns.

The 4th Circuit concluded Maryland’s law fails the Bruen test, finding that Maryland has failed to establish that its law is consistent with the U.S.’s “historical tradition,” as Bruen requires. Under Bruen, a regulation is unconstitutional unless the government can show that “the regulation is consistent with this Nation’s historical tradition of firearm regulation,” the opinion notes.

“This is a significant ruling for the Second Amendment and every American who cherishes our constitutional freedoms,” said Randy Kozuch, executive director for the National Rifle Association Institute for Legislative Action. The Fourth Circuit Court’s decision to overturn Maryland’s restrictive gun license law sends a clear message: law-abiding Marylanders fundamental right to self defense must not be infringed.”
 

Kyle

Beloved Misanthrope
PREMO Member
Annapolis will apeal this all the way up the chain and delay proceedings as much as possible.

Once finalized though, this should also put a halt to similar requirements in NY, MA, IL... etc. etc. etc.
 

Kinnakeet

Well-Known Member
Annapolis will apeal this all the way up the chain and delay proceedings as much as possible.

Once finalized though, this should also put a halt to similar requirements in NY, MA, IL... etc. etc. etc.
What about the CC sh!t the new Govner is trying to pull can you still CC and open carry
 

3CATSAILOR

Well-Known Member
Yeah, Maryland likes to throw their news laws up on a wall like mud and see what sticks and what doesn't. I guess the mud didn't stick. What surprises me is a Bill before the Governor signs it in to law goes through a process. You would think some attorney somewhere would say "Hey that new law you are proposing might not hold up because it would be considered illegal in the long run." Nope, Maryland does it anyhow. Throw the mud on the wall and see what sticks and what doesn't.
 

spr1975wshs

Mostly settled in...
Ad Free Experience
Patron
Yeah, Maryland likes to throw their news laws up on a wall like mud and see what sticks and what doesn't. I guess the mud didn't stick. What surprises me is a Bill before the Governor signs it in to law goes through a process. You would think some attorney somewhere would say "Hey that new law you are proposing might not hold up because it would be considered illegal in the long run." Nope, Maryland does it anyhow. Throw the mud on the wall and see what sticks and what doesn't.
Something we learned when the Mrs. and I took a Personal Protection in the Home course last year is that Maryland's "Justice" system does not follow Black Letter Law completely. It relies much more on Case Precedent, hence the constant mud throwing.
 

PeoplesElbow

Well-Known Member

awpitt

Main Streeter
Here's what the MSP posted regarding the court ruling.
 

Attachments

  • LD-HQL-23-003 (Advisory) 4TH CIRCUIT HQL OPINION.pdf
    87.5 KB · Views: 255
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