Federal Court Rules that Pistol Purchase Permit is Unconstitutional
Jose Nino
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The state of Maryland’s mandate that residents go through several requirements before purchasing a handgun was ruled as unconstitutional by a panel of Fourth Circuit judges handed down on November 21, 2023 in a 2-1 vote. The appeals court determined that the state government’s restrictions infringe on citizens’ Second Amendment rights. It reached the conclusion that the burden wasn’t justified under the test established in the Supreme Court’s 2022 landmark ruling in New York State Rifle and Pistol Association v. Bruen.
“Maryland’s law fails the new Bruen test,” Judge Julius N. Richardson declared in the ruling for Maryland Shall Issue v. Moore. “As we will explain, Plaintiffs have shown that Maryland’s handgun-licensure law regulates a course of conduct protected by the Second Amendment, and Maryland has not established that the law is consistent with our Nation’s historical tradition.”
Judge Richardson was appointed by former President Donald Trump. He wrote that Maryland’s handgun qualification license requires pistol purchasers to “follow a long and winding path” to acquire one. He contended this qualification infringes on their “right to keep and bear arms” due to how purchasing is a crucial component of the right to keep and bear arms.
In a concluding statement, Richardson declared that “no matter what Plaintiffs do, there will be a period of up to thirty days where their ability to get a handgun is completely out of their control” and that waiting period “could well be the critical time in which the applicant expects to face danger.” For him, this was sufficient grounds for him to reach the conclusion that the law negatively impacts the plaintiffs’ gun rights.
Maryland is a thoroughly anti-gun state. According to Guns & Ammo magazine’s best states for gun owners rankings, Maryland is ranked in an abysmal 44th place. It’s pretty much dominated by anti-gun Democrats so there’s very little chance of pro-gun reforms ever being implemented in the state.
At this point, gun owners in blue states such as Maryland will have to turn to the courts for help in their fights against gun grabbers at all levels of government.
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