Fresh off the 9th Circuit Court of Appeals ruling that Maryland’s Handgun Qualification License requirement is constitutional, plaintiffs in the case are asking the U.S. Supreme Court to take up the issue.
On September 27, plaintiffs in the case Maryland Shall Issue v. Moore filed a petition with the Supreme Court in hopes the onerous law won’t meet muster before that body.
“Just two years ago, this Court rejected the interest-balancing approach adopted by nearly every lower court, and emphatically held that the Second Amendment ‘demands a test rooted in the Second Amendment’s text, as informed by history,’” the petition states. “But certain lower courts—determined to avoid applying Bruen’s holding—are disregarding this Court’s precedents and straining the constitutional text to fit desired policy ends. That is exactly what the en banc 4th Circuit did in this case to uphold Maryland’s ahistorical and burdensome two-step licensing and registration scheme for acquisition and possession of a handgun for self-defense.”
In fact, the process in question is quite complicated. Before possessing any handgun, Maryland requires citizens to obtain a Handgun Qualification License, which isn’t an easy task. To qualify, citizens must be fingerprinted, attend a half-day training course, live fire a handgun and pass a background check—all of which takes significant time, effort and money. Once they receive their license, there are still hurdles to overcome, as another Maryland law requires a background check and seven-day wait before taking possession of a purchased handgun.
In late 2023 a three-judge panel of the 9th Circuit Court ruled that the HQL requirement unconstitutional. But on August 23, an en banc panel of the 4th Circuit issued its decision upholding the Handgun Qualification License law.
To plaintiffs, the burdensome process, which allows the state up to 30 days to approve an application, represents a blatant disregard of the right to keep and bear arms protected by the Second Amendment.
“Compliance with the HQL Requirement places significant burdens on possession and acquisition of a handgun unknown at the Founding and is an outlier even in modern times,” the plaintiffs’ petition states. “Failure to comply may result in fines, imprisonment and the permanent loss of firearm rights.”
The petition further states: “The HQL Requirement is an unconstitutional outlier that the Founders never would have tolerated. Petitioners have shown that Maryland’s novel and extreme acquisition-and-possession licensing regime burdens protected conduct. And Maryland has not met its burden to prove that the HQL Requirement—step one of its two-step licensing scheme—is consistent with historical tradition.
In the end, Maryland Shall Issue is asking the Supreme Court to consider the case using its own two-step process handed down in the Bruen case in 2022.
“This Court should grant certiorari to prevent lower courts from reading exception-upon-exception into Bruen’s standard—before that standard exists no more,” the petition concludes. “The constitution ‘demands a test rooted in the Second Amendment’s text, as informed by history,’ not tests rooted in dicta and whatever constructions of text best fit lower courts’ desired policy ends. This Court should once again say so.”
And the SC says, “Oh FUCK another gun thing. Don’t these people know we are a bunch of lazy old judges that just want to draw a paycheck. Best thing for government to do is abolish the Second Amendment. Free up our time a little more so we can address the LGQFBTAnmlfcker thing”
The centuries old Discrimination that says You must have This Attribute and Not That Attribute continues to walk hand in hand with Gun Control.
While your Second Amendment was being dissected I’ll bet my bottom dollar the so called Defenders of the 2A Failed to turn the table and Define Gun Control by its Diabolical History for the court. Again it’s high and mighty Gun Control sets the pace and the usual suspects wag their tails like puppy dogs.
Deb while what you say about gun control being tied to other atrocities may be true, if the lawyers taking cases before the Supreme Court thought it would help the case, they would surely bring it up.
On the other hand, you could go to law school, pass the bar exam, (we already know you probably can’t pass a regular bar) and all the other hoops necessary to take a case before the Supremes and tell them yourself.
bs…Cite the law or rule where attorneys cannot open their mouths and Define Gun Control by its Historial Analogies for a court. Stands to reason if they can discuss omelets in the USSC they can Define Gun Control. It is also lawful you pathetic snot nosed twit to question the character of the accuser and in the cases against the 2A the accuser is Gun Control.
I’ve heard your brand of dribble before and it Confirms twerps like you are too gutless to open your piehole on this forum or anywhere else and speak the Truth About Gun Control…now gfy.
Debbie, Reddit needs your help.
It has become a cesspool of lies and Soros paid shills, and we’re outnubered 50,000 to 1.
So you went and proved his point?
The costs involved for HQL & Wear & Carry license might not be much of a burden for people who are well off. The big But is more of us who are struggling between paychecks this is a huge tax.
It’s only 27 words. How many times must we keep going back to define what these words mean? It’s enough to make one lose their faith in government.
Lawyers (judges) are constantly asking, “What could/might the words mean?”, regardless of the issue at hand. The text of a law, any law, is a mere starting point for speculation as to how a law can be interpreted to support whatever/whichever principle the attorneys desire. It is what lawyers are paid to do. Nothing to see, here; move along.
The words “permit, license, qualification, background check, fee, fingerprints, training course, process, waiting period, application, registration……………none of them, appear in the text of the 2nd Amendment.
“Fresh off the 9th Circuit Court of Appeals ruling that Maryland’s Handgun Qualification License requirement is constitutional”
9th?
Yeah, how did they get that so wrong?
“Yeah, how did they get that so wrong?”
Twice.
It does not take a majority to prevail… but rather an irate, tireless minority, keen on setting brushfires of freedom in the minds of men.
Samuel Adams
That’s us!
One can easily substitute, “…keen on setting limits to freedom in the minds of men.”
That’s what we have allowed to happen to us.
Until lawless prog judges are personally sanctioned, this BS will continue,
+1
your freedoms must have your governments permission first
Xax Xax
Beats Europe and the rest of the world.
Just curious but exactly how do license schemes and ridiculous taxes prevent criminals from getting weapons through the usual illegal means? Or is the intent to keep honest citizens from having the means to defend themselves from both criminals and overbearing governments?
“Just curious but exactly how do license schemes and ridiculous taxes prevent criminals from getting weapons through the usual illegal means?”
The jails are filled with criminals who didn’t commit a “gun crime” because it would have been illegal.
MASSIVE LATE-NIGHT AR-15 SCOTUS DECISION OUT NOW!
SCOTUS denied state of Maryland request to extend their time to file an opposition to the 2A supporters’ petition for cert by another 30 days. Mark Smith Four Boxes Diner discusses the huge importance of this decision issued late on Friday.
h ttps://www.youtube.com/watch?v=qZjJyflvz_w
Taxachussetts will just ignore any USSC decision that they don’t agree with. And they will worship any decision they DO agree with, insisting that it be carved into stone for all time, never to be altered, or even questioned.
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