Fourth Circuit Court of Appeals finds MD’s HQL Unconstitutional

rob-carson

The 4th Circuit Court of Appeals has found Maryland’s handgun qualification law unconstitutional. The plaintiffs Maryland Shall Issue first brought this Second Amendment challenge in 2016. Twice the district court dismissed the challenge – but on their third appeal the plaintiffs did present merits of their constitutional claims.

The Handgun Qualification Law does not prohibit one from owning a gun sometime in the future – but it prohibits one from immediately owning a handgun. Maryland’s law is not consistent with the U.S.’s ‘historical tradition’ as required in Bruen (decision by U.S. Supreme Court in 2022)

This finding is a victory for gun rights advocates – but could still be appealed or sent to the U.S. Supreme Court. And Governor Wes Moore is disappointed in the ruling from the 4th Circuit Court of Appeals.

Governor Wes Moore released the following statement regarding the Fourth Circuit Court’s ruling: 

“I am disappointed in the Fourth Circuit Court’s decision. This law is not about stripping away rights from responsible gun owners – it’s about every Marylander having the right to live free from fear. 

Common-sense gun laws are critical to protecting all Marylanders from the gun violence that has terrorized our communities. I am determined to do more than just give thoughts and prayers and attend funerals – and that’s why this law is vital to our administration’s commitment to keeping guns out of the wrong hands and saving lives. 

Every Marylander has the right to feel safe in their own neighborhood – and I will continue to fight for this law. Our administration is currently looking at all options and reviewing the ruling.”


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