Federal Appeals Court Knocks Out Maryland’s Handgun Qualification License

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The process to obtain a firearm in Maryland is “a long and winding” one. The Fourth Court explained that “Like with any firearms transfer—whether a purchase from a licensed dealer, gun show, or private person, or even a gift from a family member or friend—you must comply with Maryland’s … registration process, which requires you to fill out an application with certain identifying information and then wait seven days while the state performs a background check. And if you want to carry your handgun, you need to get a separate carry permit too.”

But that’s not all. There is a further prerequisite that must be satisfied to obtain a handgun. Before an applicant can commence the “normal” licensing process, she must obtain a Handgun Qualification License. To do so, an applicant must:

Submit fingerprints to undergo a background investigation;
Take a four-hour long “firearms safety training course”;
Fire at least one live round; and
Wait up to thirty days for approval before you can start the rest of the process.
The Fourth Circuit ruled that this preliminary process for obtaining a handgun was unconstitutional. This is a big win for gun rights, considering that the Fourth Circuit is often extremely inimical towards the right to bear arms. Still, the Court’s opinion is well reasoned and provides an excellent precedent for use in future Second Amendment cases.

The Fourth Circuit explains that under Bruen, we begin with the plain text of the Second Amendment: “the right of the people to keep and bear arms shall not be infringed.” Although the plaintiffs challenging the law fell within the definition of “the People,” the Court flagged a potential “wrinkle.” Specifically, the Second Amendment’s text does not expressly mention purchasing or acquiring arms at a moment’s notice.

The Court correctly recognized that the “plain text” of the Second Amendment necessarily protects rights beyond the rights to have and to carry arms. It explained:

[T]the Amendment’s text protects only the right to “keep and bear” arms. But, on its face, the challenged law says nothing about whether Plaintiffs may “keep” or “bear” handguns. It only restricts Plaintiffs’ ability to “purchase, rent, or receive” them. How, then, does the law regulate the right to keep and bear arms?

The answer is not complicated. If you do not already own a handgun, then the only way to “keep” or “bear” one is to get one, either through sale, rental, or gift. And the challenged law cuts off all three avenues—at least, for those who do not comply with its terms.” (internal cites omitted).

In other words, if a person’s ability to acquire firearms is restricted, then that person’s right to keep and bear arms is infringed.

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