Â鶹Çø

Skip to main content
You have permission to edit this article.
Edit

Maryland passed a strict gun licensing law after Sandy Hook. An appeals court just struck it down

  • Updated
  • 0
Maryland passed a strict gun licensing law after Sandy Hook. An appeals court just struck it down

An appeals court struck down gun licensing requirements passed in Maryland in the wake of the deadly Sandy Hook mass shooting.

(CNN) — A federalÌýappealsÌýcourtÌýstruckÌýdownÌýMaryland’s licensingÌýrequirements for handgun owners Tuesday, citing a 2022 landmark ruling by the conservative-majority US SupremeÌýCourt.

Maryland’s Firearm Safety Act of 2013, passed in the wake of the deadly mass shooting at in Newtown, Connecticut, was deemed unconstitutional in the 2-1 ruling from the USÌýCourtÌýofÌýAppealsÌýfor the 4th Circuit.

At issue were key components of the state law,Ìýwhich imposes strict standards to qualify for a license to own a handgun.

Tuesday’s ruling comes nearly 11 years after 20 children and six adults were gunned down at Sandy Hook Elementary and as the US remains gripped by an epidemic of deadly shootings. This year alone, more than 38,400 people have been killed by gun violence in a nation that has seen 612 mass shootings, per the .

Under the Maryland law, an applicant for a handgun license must meet fourÌýrequirements. They must be at least 21 years old, a resident of the state, complete aÌýgunÌýsafety course and undergo a background check to ensure they are not barred under federal or state law from owning a firearm.

An applicant must then fill out an application, pay a processing fee, and wait up to 30 days for a state official to issue a license.

TheÌýappealsÌýcourtÌýruled that requiring applicants to wait up to 30 days for a handgun permit violated the constitutional rights of citizens, and “the law’s waiting period could well be the critical time in which the applicant expects to face danger.â€

In its ruling, the court noted the inÌýNew York State Rifle & Pistol Association Inc. v. BruenÌý“effected a sea change in Second Amendment law.â€

changed the framework judges must use to make decisions, indicating modernÌýgunÌýcontrol laws are only constitutional if a similar law was in effect at the founding of the nation. TheÌýappealsÌýcourtÌýon Tuesday held thatÌýMaryland’s handgun law failed to meet the “historical†test outlined in the SupremeÌýCourt’s ruling.

The state had provided no compelling historical law requiring “advance permission†before a citizen can purchase a firearm, the appeals court noted.

“We are weighing options for next steps in this case, which prevents us from any further comment at this point,†said state attorney general’s office spokesperson Jennifer Donelan, when asked if Maryland planned to appeal Tuesday’s decision to the US Supreme Court.

The-CNN-Wire

™ & © 2023 Cable News Network, Inc., a Warner Bros. Discovery Company. All rights reserved.

Recommended for you