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Court Strikes Down Maryland’s Infringement of Second Amendment Rights
AmmoLand ^ | November 28, 2021 | Dean Weingarten

Posted on 12/02/2023 4:01:37 AM PST by marktwain

On November 21, 2023, a three-judge panel of the United States Court of Appeals for the Fourth Circuit found the State of Maryland had violated the Constitution with their recent handgun purchase law. The law requires considerable delay and process before a person can legally purchase a handgun. The opinion specifically states the recent add-on law enacted in 2016 infringes on the Second Amendment by hindering the right to acquire a handgun. From the opinion:

But—for handguns specifically—before you do any of that, there is an additional, preliminary step: You must also obtain a “handgun qualification license.” See § 5-117.1. Getting that license requires, among other things, submitting fingerprints to undergo a background “investigation” and taking a four-hour-long “firearms safety training course” in which you must fire at least one live round. Then, after submitting your application for this extra license, you must wait up to thirty days for approval before you can start the rest of the process.

Plaintiffs seek to enjoin the state from enforcing only this additional, preliminary handgun-licensure requirement. And Plaintiffs’ challenge must succeed. The challenged law restricts the ability of law-abiding adult citizens to possess handguns, and the state has not presented a historical analogue that justifies its restriction; indeed, it has seemingly admitted that it couldn’t find one. Under the Supreme Court’s new burden-shifting test for these claims, Maryland’s law thus fails, and we must enjoin its enforcement. So we reverse the district court’s contrary decision.

The three-judge panel was split. Two judges voted for the majority opinion. One judge wrote a dissent against it.

The dissenting judge, Barbara Milano Keenan, is a senior judge, which means she is a semi-retired judge who helps out. She was born in Austria but schooled in the United States. Keenan was appointed by former President Barack Obama.

(Excerpt) Read more at ammoland.com ...


TOPICS: Constitution/Conservatism; Government; News/Current Events; US: Maryland
KEYWORDS: 2a; banglist; maryland; md; purchase
The Fourth Circuit says multiple requirements merely to purchase a handgun are infringements on the Second Amendment.
1 posted on 12/02/2023 4:01:37 AM PST by marktwain
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To: marktwain

The far left Democrats that control Maryland will just ignore the ruling and move on.


2 posted on 12/02/2023 4:08:07 AM PST by Russ (I )
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To: All

If she’s from Austria, then does she speak Austrian?

/s


3 posted on 12/02/2023 4:08:55 AM PST by SteveH
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To: marktwain

Excellent.


4 posted on 12/02/2023 4:14:40 AM PST by Jonty30 (I am happy to be of service to raise your awareness, make you think, and anger you. Simultaneously.)
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To: marktwain

👍


5 posted on 12/02/2023 4:21:34 AM PST by PGalt (Past Peak Civilization?)
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To: marktwain

The problem is that these judges will argue that these restrictions reduce crime. They will point out the low murder rate in Baltimore to prove their point....Oh wait.


6 posted on 12/02/2023 4:27:01 AM PST by MtnClimber (For photos of Colorado scenery and wildlife, click on my screen name for my FR home page.)
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To: SteveH

Only obongo is qualified to answer that.


7 posted on 12/02/2023 5:16:40 AM PST by Mouton (US Home to one party rule)
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To: marktwain
Massachusetts ("The Gay State") has many,many laws in place today that seriously infringe upon 2nd Amendment rights. In fact SCOTUS struck down one such law...on a 9-0 vote...just a few years ago. And the state was specifically mentioned in the Bruen decision as one of several states that are notorious for violating 2nd Amendment rights.

But sadly...unlike with Maryland...we cannot count on any lower Federal courts to rectify these infringements.

8 posted on 12/02/2023 5:53:13 AM PST by Gay State Conservative (Proudly Clinging To My Guns And My Religion)
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To: marktwain

In the last year, this is the fourth court decision smacking down various Maryland infringements. The lunatic asylum, I’m sorry, I mean General Assembly goes back into session next month. I’m sure they’ll make up for it with further infringements. Governor Step’n Fetchit will gladly sign


9 posted on 12/02/2023 6:13:50 AM PST by cyclotic (Don’t be part of the problem. Be the entire problem)
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To: marktwain

Pfftt! Amateurs. CaCaLAnd topped all of those years ago and continues.

Newsome (your next President) revels in violating the law.


10 posted on 12/02/2023 7:47:25 AM PST by bobbo666 (Baizuo, )
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To: Russ
Some are definately moving on....


11 posted on 12/02/2023 8:37:41 AM PST by caww (O death, when you seized my Lord, you lost your grip on me......)
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To: marktwain

The Maryland top cop announced that he has ordered Maryland cops to break this court’s injunction, and continue to enforce this unconstitutional law in spite of the ruling.

https://www.foxnews.com/politics/police-blue-state-continue-enforcing-draconian-handgun-law-ruled-unconstitutional-court


12 posted on 12/02/2023 11:05:48 AM PST by nagant
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To: marktwain; mylife; Joe Brower; MaxMax; Randy Larsen; waterhill; Envisioning; AZ .44 MAG; umgud; ...

RKBA Ping List


This Ping List is for all news pertaining to infringes upon or victories for the 2nd Amendment.

FReepmail me if you want to be added to or deleted from this Ping List.

More 2nd Amendment related articles on FR's Bang List.

13 posted on 12/02/2023 12:00:02 PM PST by PROCON (Sic Semper Tyrannis)
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To: PROCON

Maryland...
Got Bears?


14 posted on 12/02/2023 12:29:00 PM PST by Big Red Badger (The Truman Show)
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To: nagant

“ The Maryland top cop announced that he has ordered Maryland cops to break this court’s injunction..”

Excellent. Then he can be sued in Federal court under 18USC1983. Not only will the State be open to pay damages but this idiot cop can be stripped whatever immunity or indemnity he may think he has and be bankrupted.

Then there are the criminal penalties that apply under 18USC242.

L


15 posted on 12/02/2023 4:27:56 PM PST by Lurker ( Peaceful coexistence with the Left is not possible. Stop pretending that it is. )
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