Police in this blue state will continue enforcing ‘draconian’ handgun law ruled unconstitutional by court
Maryland State Police say the state's handgun licensing requirement will remain law until a federal court issues its mandate
{{#rendered}} {{/rendered}}
Maryland State Police will continue enforcing the state's handgun law for now, despite a federal appeals court ruling that the licensing requirement is unconstitutional.
"At this time, the HQL law remains in effect and there are no immediate changes in the process to purchase a firearm in Maryland," the department wrote in an agency-wide advisory after last week's ruling.
A three-judge panel of the Fourth Circuit Court of Appeals ruled that Maryland's handgun licensing requirement is unconstitutional and overly "burdensome." (Joe Raedle/Getty Images)
GUNS AND AMMO: ONE OF AMERICA'S FASTEST GROWING HIGH SCHOOL SPORTS HAS 'NO BENCHWARMERS'
{{#rendered}} {{/rendered}}
Maryland's Handgun Qualification License (HQL) requires applicants to submit fingerprints for a background check, take a four-hour firearm safety course with a live fire component, and wait up to 30 days for approval before purchasing a handgun, which then requires another application and seven-day waiting period.
Last Tuesday, a three-judge panel of the Fourth Circuit Court of Appeals ruled 2-1 that the law is overly "burdensome" and cannot stand under the 2022 landmark Supreme Court decision that a firearm regulation is unconstitutional unless the government can prove it is consistent with the nation's historical tradition.
WHY GUN OWNERSHIP IS SPIKING AMONG THIS DEMOGRAPHIC
{{#rendered}} {{/rendered}}
"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," Judge Julius Richardson, a Trump appointee, wrote in the court's majority opinion.
But the Maryland State Police's licensing division said it will continue enforcing the law until the federal court issues a mandate.
Gun control advocacy groups rally with Democratic members of Congress outside the U.S. Capitol on May 26, 2022. (Chip Somodevilla/Getty Images)
JUDGE BLOCKS AMERICA'S 'MOST EXTREME' GUN CONTROL LAW, BUT BLUE STATE PLANS TO APPEAL
{{#rendered}} {{/rendered}}
Maryland officials have 14 days to file for a rehearing before the full appeals court. If the state does not file within that window, the court will issue a mandate seven days later, which means the final court ruling would be Dec. 11, Fox45 News reported.
Officials have not yet confirmed whether they plan to file for a rehearing or, alternatively, seek a review before the U.S. Supreme Court.
Maryland Gov. Wes Moore said in a statement that he would "continue to fight for this law" and that his administration was evaluating its options.
{{#rendered}} {{/rendered}}
Similarly, a spokesperson for Attorney General Anthony Brown told Fox45 News that they were "weighing options for next steps."
Under Maryland's HQL law, prospective handgun owners had to take a firearm safety class, submit fingerprints for a background check, and wait up to 30 days for processing before then being able to start the application to purchase a firearm. (Getty Images)
CLICK HERE TO GET THE FOX NEWS APP
The NRA previously described Maryland's HQL as a "draconian process" and praised the Fourth Circuit ruling as a "significant victory, for the Second Amendment and Americans who value constitutional freedoms."
{{#rendered}} {{/rendered}}
"Striking down Maryland's oppressive Handgun Qualification License requirement affirms that the burdensome process infringes on the rights of the law-abiding," the NRA's lobbying arm executive director Randy Kozuch told Fox News Digital.
Fox News Digital’s Brianna Herlihy contributed to this report.