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Home Hot Topic Maryland handgun law’s 2013 training requirement overturned by federal appeals court

Maryland handgun law’s 2013 training requirement overturned by federal appeals court

by Celia

A federal appeals court ruling on Tuesday will make it easier for Maryland residents to get a handgun.

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The issue has been tied up in the courts for seven years after the pro-Second Amendment group Maryland Shall Issue challenged the law.

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The US Court of Appeals for the 4th Circuit ruled that a training provision in the Maryland law was unconstitutional.

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Mark Pennak, president of Maryland Shall Issue, called the ruling a victory for common sense.

“These requirements were a barrier to the exercise of a constitutional right for thousands, tens of thousands of people,” Pennak told 11 News.

Under the Maryland Firearm Safety Act of 2013, training requirements included submitting fingerprints, undergoing a background check, taking a four-hour firearm safety course and firing at least one live round. Applicants then had to wait 30 days for approval before starting the rest of the licensing process.

“So the whole concept of this is to discourage people from exercising their constitutional right to purchase a handgun,” Pennak said.

Maryland Senate President Bill Ferguson sent a statement to 11 News, saying: “Today’s decision is insane. Every responsible gun owner supports basic firearms training and keeping guns out of the hands of criminals. This decision will clearly lead to more gun violence and gun related deaths”.

People 11 News spoke to said there should be more regulation, not less.

“I think it should be harder to get a handgun,” said Alison Dasch of Baltimore. “There should be more background checks.”

“I don’t think it’s a good idea at all. In fact, I think it should be even harder to get a gun because there are always loopholes when people get them and you see what they do with them. It makes it bad for the community,” said Rodney Lych of Baltimore.

“I think right now we are flooded with handguns, especially in the city,” said Sadie Faqua, from Baltimore. “I think it’s just not going to be good for society, for this nation. I think it is really sad.

Maryland Governor Wes Moore issued a statement saying in part: “I am disappointed in the Fourth Circuit Court’s decision. This law is not about taking away the rights of responsible gun owners. It’s about every Marylander having the right to live free from fear … Our administration is considering all options and reviewing the ruling.

The state has two weeks to request a hearing before the full 4th Circuit Court, and it could also petition the Supreme Court to review the decision.

It was not immediately known whether state lawmakers will revisit the issue when the General Assembly convenes in January.

Mayor Brandon Scott issued a statement on Tuesday afternoon, saying: “I am incredibly frustrated and disappointed by today’s ruling from the U.S. Court of Appeals for the Fourth Circuit. At a time when the proliferation of firearms threatens the safety of our communities, we should be more, not less, careful about who has access to these tools of violence. The decision to eliminate common sense background checks and firearms safety training allows individuals who should not be able to purchase these weapons to do so and threatens the safety of our communities.

US Senator Chris Van Hollen, D-Maryland, issued a statement saying: “This ruling by the Fourth Circuit is yet another disastrous consequence of the Supreme Court’s absurd new standard that today’s gun laws must be the same as those of centuries ago. It is a deeply misguided decision that will make Marylanders less safe. The Supreme Court must reconsider the ridiculous precedent it set last year, reverse the Fourth Circuit’s decision, and end this dangerous backwards trend.

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