The Maryland State Police have announced they will uphold the state’s handgun licensing requirement, despite a recent federal appellate decision deeming it unconstitutional. The Handgun Qualification License (HQL) law in Maryland remains operational, and there are no immediate alterations to the current firearm purchasing procedures, according to a memo circulated within the department.
Maryland’s stringent HQL mandates fingerprint submission for background checks, a mandatory firearm safety course including live fire training, and a waiting period that can extend up to 30 days before a handgun can be acquired. Following this, another application and a seven-day waiting period are required for the actual purchase.
However, the Fourth Circuit Court of Appeals, in a 2-1 decision last Tuesday, found the law to be excessively restrictive. This ruling aligns with a 2022 Supreme Court benchmark that deems a gun regulation unconstitutional unless aligned with the nation’s historical norms. Judge Julius Richardson, appointed by former President Trump, emphasized in the majority opinion that the law impinges on the rights of law-abiding citizens without historical justification.
Despite the ruling, the Maryland State Police licensing division will continue to enforce the law pending the issuance of a court mandate. Maryland officials are granted a two-week period to request a full appeals court rehearing. If the state abstains, the mandate will be issued seven days after this period, with a projected final ruling date of December 11, as reported by Fox45 News.
The state’s response is yet to be confirmed, with options including a rehearing request or a possible appeal to the U.S. Supreme Court. Maryland Governor Wes Moore has expressed his intent to defend the law vigorously, and the administration is currently exploring its legal avenues.
Attorney General Anthony Brown’s office is also deliberating over potential actions in light of the ruling. The National Rifle Association (NRA) has lauded the appellate court’s decision, labeling Maryland’s HQL a severe impediment to Second Amendment rights. The NRA’s lobbying branch director, Randy Kozuch, heralded the decision as an affirmation of constitutional freedoms and a rebuke of Maryland’s overbearing licensing process.