US appeals court strikes down part of Maryland gun law that requires a ‘firearms safety training course’ before purchase – JURIST

The US Court of Appeals for the Fourth Circuit struck down part of Maryland’s Firearm Safety Act of 2013, which the Maryland General Assembly passed in response to the 2012 Sandy Hook mass shooting. This decision partially reverses a decision from the US District Court for the District of Maryland at Baltimore.

Following oral arguments, Circuit Judge Julius Richardson authored the majority opinion of the three-judge panel. Richardson found that the Maryland law fails the tw0-part Bruen test from the 2021 US Supreme Court case New York State Rifle and Pistol Association v. Bruen. The test, which applies to all gun control legislation in the US, first asks if the US Constitution’s Second Amendment’s plain text covers the state gun regulation. If this first prong is met, the test then asks if the regulation is “consistent with this Nation’s historical tradition of firearm regulation.” Richardson concluded that Maryland failed to show that its regulation is consistent with the nation’s tradition because it requires all people to prove they are not dangerous rather than preventing dangerous people from obtaining handguns. 

Senior Circuit Judge Barbara Keenan dissented. Keenan argued that the majority applied the Bruen test too broadly. Keenan distinguished Maryland’s gun law from “shall-issue regimes” by noting that Maryland’s law is not so “onerous” that it denies law-abiding citizens their Second Amendment rights. Additionally, Keenan found that the majority’s “hyperaggressive view of the Second Amendment” would render most “non-discretionary” gun laws in the country unconstitutional. Lastly, Keenan noted that the majority “ignores the [US Supreme] Court’s clear guidance on the very issue before us.”

Maryland’s gun law requires a handgun qualification licensing requirement and calls for handgun permit applicants to pass a background check based on a fingerprint check and take a firearm safety training course. In response to the court’s decision, Maryland Governor Wes Moore stated:

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