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 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 ...
The far left Democrats that control Maryland will just ignore the ruling and move on.
If she’s from Austria, then does she speak Austrian?
/s
Excellent.
👍
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.
Only obongo is qualified to answer that.
But sadly...unlike with Maryland...we cannot count on any lower Federal courts to rectify these infringements.
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
Pfftt! Amateurs. CaCaLAnd topped all of those years ago and continues.
Newsome (your next President) revels in violating the law.
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.
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Maryland...
Got Bears?
“ 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
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