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The 4th U.S. Circuit Court of Appeals, based in Richmond, Virginia, has reevaluated a previous ruling on Maryland’s handgun licensing requirements. The court’s decision to reconsider comes after a 2-1 panel in November declared that Maryland’s 2013 law, which established licensing prerequisites for handgun buyers, violated the Second Amendment of the U.S. Constitution.
Background of the Case
The handgun qualification licensing requirement was part of Maryland’s comprehensive Firearm Safety Act of 2013, a legislative initiative to enhance gun control measures. The law mandated individuals to undergo training and background checks before applying for licenses to purchase handguns. This legal framework faced legal challenges from the gun rights advocacy group Maryland Shall Issue, two individuals, and a local gun store, with the National Rifle Association (NRA) providing legal support and covering associated costs.
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The Court’s Prior Ruling
In November, a 2-1 panel ruled against Maryland, asserting that the 2013 law infringed on the right to keep and bear arms as protected by the Second Amendment. Notably, most judges who opposed Maryland’s law were appointees of Republican presidents.
Court’s Decision to Reconsider
Responding to Maryland’s request, the full 14-member court has agreed to revisit the case, and the hearing is scheduled for March. This time, the panel will include eight judges appointed by Democratic presidents.
Maryland Attorney General Anthony Brown, a Democrat, expressed his approval of the court’s decision, stating, “I welcome the court’s decision to rehear this case and will continue to defend common-sense gun laws to protect Marylanders from these unnecessary and very preventable tragedies.”
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Legal Issues at Stake
The core issue revolves around a law mandating prospective handgun buyers to submit fingerprints for a background investigation and undergo a four-hour safety training course. Additionally, individuals were required to wait up to 30 days before completing the standard gun purchase process.
This case gains further significance in light of a 2022 Supreme Court ruling, New York State Rifle & Pistol Association v. Bruen, which emphasized that gun laws must align with the nation’s historical tradition of firearm regulation to be considered valid. Maryland argued that its law reflected historical limitations on “dangerous” individuals owning firearms. However, a Trump appointee, Judge Julius Richardson, countered this argument, stating that historical laws did not preemptively deprive all citizens of weapons.
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