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Reason
Reason
Jacob Sullum

The 4th Circuit Says Maryland's Handgun Licensing Law Is Unconstitutional

Maryland is one of 14 states that require background checks for all firearm purchases, whether or not the seller is a federally licensed dealer. Since 2013, Maryland has imposed an additional requirement on handgun buyers: They must first obtain a "handgun qualification license," which entails completing at least four hours of firearm training and undergoing a seemingly redundant "investigation" aimed at screening out people who are legally disqualified from owning guns. According to the U.S. Court of Appeals for the 4th Circuit, that process, which can take up to 30 days, violates the Second Amendment.

In a decision published on Tuesday, a divided 4th Circuit panel concluded that Maryland's handgun ownership licensing system is not "consistent with this Nation's historical tradition of firearm regulation"—the constitutional test that the U.S. Supreme Court established last year in New York State Rifle & Pistol Association v. Bruen. Writing for the majority in Maryland Shall Issue v. Moore, 4th Circuit Judge Julius Richardson notes that Bruen "effected a sea change in Second Amendment law," making a variety of gun control laws newly vulnerable to constitutional challenges. Maryland's handgun licensing law is the latest example.

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