Fourth Circuit Finds Maryland's handgun purchase license requirement unconstitutional

[BillSWPA]

It appears that purchasing a handgun in Maryland may become simpler soon.

https://www.newsmax.com/newsfront/4th-circuit-appeals-court/2023/11/21/id/1143144/

https://www.marylandshallissue.org/jmain/documents?task=download.send&id=487&catid=4&m=0

https://www.marylandshallissue.org/jmain/documents?task=download.send&id=488&catid=4&m=0

[jh9]

My layman's understanding is that a nonresident can't even possess a handgun in the state of MD unless they're traveling through and taking advantage of the protections in FOPA `86. No 'extra' stops, etc.

What's the basis for that? Is it the 'preliminary' Handgun Qualification License or the registration part? If it's the Handgun Qualification License that's no longer necessary does that essentially legalize nonresidents possessing handguns in the state of MD?

[Kyle Reese]

If it's the Handgun Qualification License that's no longer necessary does that essentially legalize nonresidents possessing handguns in the state of MD?

Those are separate issues. I think that this latest ruling just 86ed the HQL requirement for purchase, and it doesn't change anything pertaining to non-MD residents transporting handguns in or through Maryland.

[theJanitor]

Hawaii is invalidating all previous Handgun Safety certificates on 01JAN2024. You can't purchase a pistol, or apply for CCW without one. It's gonna be a F'n mess come January when the population tries to get re-certification. I wonder if this ruling will make the state change course.

[BillSWPA]

It is the license required to purchase a handgun in MD (Handgun Qualification License) which is affected by the ruling. Prior to this ruling, purchasing (or renting or receiving) a handgun required taking state-mandated training to obtain the necessary purchase license.

The necessity to have a MD Wear and Carry permit to carry a gun in MD remains unaffected. The requirement of a good reason was eliminated after Bruen, and other litigation to address the new "sensitive places" is proceeding. There is currently a preliminary injunction against enforcing that law in private businesses (but not private residences), places which serve alcohol, and within 1,000 feet of a demonstration.

MD has no reciprocity with any other state. A nonresident can obtain a MD Wear and Carry license, but must either take the training course established by the Maryland State Police or show an exemption to that requirement. Taking the MD training class most likely requires a trip to MD. The nonresident must also be fingerprinted electronically by one of the businesses in MD performing that service. The fingerprinting cannot be done out of state, and my understanding (from the place that fingerprinted me) is that this is because there is currently no mechanism for electronic fingerprints to cross state lines. So, the process of obtaining the nonresident license will require at least one trip to MD and possibly more than one. Obviously this is simpler for people living close to MD.

[HeavyDuty]

Hawaii is invalidating all previous Handgun Safety certificates on 01JAN2024. You can't purchase a pistol, or apply for CCW without one. It's gonna be a F'n mess come January when the population tries to get re-certification. I wonder if this ruling will make the state change course.

That’s like a few dozen people, right?

[BillSWPA]

Hawaii is invalidating all previous Handgun Safety certificates on 01JAN2024. You can't purchase a pistol, or apply for CCW without one. It's gonna be a F'n mess come January when the population tries to get re-certification. I wonder if this ruling will make the state change course.

I hope so, but unfortunately some federal appeals courts are straining logic to try to support gun restrictions. The 9th Circuit appears to be one of them.

[helothar]

It is the license required to purchase a handgun in MD (Handgun Qualification License) which is affected by the ruling. Prior to this ruling, purchasing (or renting or receiving) a handgun required taking state-mandated training to obtain the necessary purchase license.

The necessity to have a MD Wear and Carry permit to carry a gun in MD remains unaffected. The requirement of a good reason was eliminated after Bruen, and other litigation to address the new "sensitive places" is proceeding. There is currently a preliminary injunction against enforcing that law in private businesses (but not private residences), places which serve alcohol, and within 1,000 feet of a demonstration.

MD has no reciprocity with any other state. A nonresident can obtain a MD Wear and Carry license, but must either take the training course established by the Maryland State Police or show an exemption to that requirement. Taking the MD training class most likely requires a trip to MD. The nonresident must also be fingerprinted electronically by one of the businesses in MD performing that service. The fingerprinting cannot be done out of state, and my understanding (from the place that fingerprinted me) is that this is because there is currently no mechanism for electronic fingerprints to cross state lines. So, the process of obtaining the nonresident license will require at least one trip to MD and possibly more than one. Obviously this is simpler for people living close to MD.

I just took the MD wear and carry course as a nonresident. It is mandated that it takes 16 hours so make sure you have a hotel booked 😆

Edit: my course took 16 hours of classroom time along with 30 people shooting qualifications in strings of 5 or 6, so day two started at 10am and if you were in the last string you probably didn't leave until 930-10

[Shades]

It is the license required to purchase a handgun in MD (Handgun Qualification License) which is affected by the ruling. Prior to this ruling, purchasing (or renting or receiving) a handgun required taking state-mandated training to obtain the necessary purchase license.

The necessity to have a MD Wear and Carry permit to carry a gun in MD remains unaffected. The requirement of a good reason was eliminated after Bruen, and other litigation to address the new "sensitive places" is proceeding. There is currently a preliminary injunction against enforcing that law in private businesses (but not private residences), places which serve alcohol, and within 1,000 feet of a demonstration.

MD has no reciprocity with any other state. A nonresident can obtain a MD Wear and Carry license, but must either take the training course established by the Maryland State Police or show an exemption to that requirement. Taking the MD training class most likely requires a trip to MD. The nonresident must also be fingerprinted electronically by one of the businesses in MD performing that service. The fingerprinting cannot be done out of state, and my understanding (from the place that fingerprinted me) is that this is because there is currently no mechanism for electronic fingerprints to cross state lines. So, the process of obtaining the nonresident license will require at least one trip to MD and possibly more than one. Obviously this is simpler for people living close to MD.

I live in northern Virginia and there are instructors who teach the required 16 hour course at a local range. Undoubtedly proximity to the (un) Free State is a factor. I wouldn't be surprised to find instructors in WV and PA who can teach the course. There were also booths at a local gun show last weekend offering fingerprinting services. I believe they collected the prints and transported them physically to MD. I've held off applying until some of these issues are clarified.

[helothar]

I live in northern Virginia and there are instructors who teach the required 16 hour course at a local range. Undoubtedly proximity to the (un) Free State is a factor. I wouldn't be surprised to find instructors in WV and PA who can teach the course. There were also booths at a local gun show last weekend offering fingerprinting services. I believe they collected the prints and transported them physically to MD. I've held off applying until some of these issues are clarified.

My understanding is they have to use a LiveScan vendor who takes digital prints and transmits them to the state police in MD. You have to indicate that you are applying for a wear and carry (or previously an hql), the cost for doing the prints was 65 bucks

[BillSWPA]

I live in northern Virginia and there are instructors who teach the required 16 hour course at a local range. Undoubtedly proximity to the (un) Free State is a factor. I wouldn't be surprised to find instructors in WV and PA who can teach the course. There were also booths at a local gun show last weekend offering fingerprinting services. I believe they collected the prints and transported them physically to MD. I've held off applying until some of these issues are clarified.

MD requires the livescan prints as mentioned in the above post.

I used my NRA pistol instructor certification to become certified to teach the required MD class, which satisfied the training requirement. Once I submitted my application, I had my license in about 6-7 weeks.

The MD State Police are certainly not dragging their feet, slow-walking anything, or playing other games. I do think, however, that the time and travel required puts a sufficiently high burden on nonresidents that a large number will not be able to exercise 2nd amendment rights while traveling.

[Shades]

My understanding is they have to use a LiveScan vendor who takes digital prints and transmits them to the state police in MD. You have to indicate that you are applying for a wear and carry (or previously an hql), the cost for doing the prints was 65 bucks

Yes, now that you mention it I saw LiveScan referred to by the vendors at the gun show. Thanks for the clarification.

[Shades]

MD requires the livescan prints as mentioned in the above post.

I used my NRA pistol instructor certification to become certified to teach the required MD class, which satisfied the training requirement. Once I submitted my application, I had my license in about 6-7 weeks.

The MD State Police are certainly not dragging their feet, slow-walking anything, or playing other games. I do think, however, that the time and travel required puts a sufficiently high burden on nonresidents that a large number will not be able to exercise 2nd amendment rights while traveling.

Good to know that the MSP is processing the applications in a timely manner. My VA CHP is recognized in all the bordering states except MD, which is a pain. (I don't count DC which I avoid like the third world dump it is.) Being able to at least travel through MD while carrying will be much more convenient. Mrs. Shades has developed a passion for antiques - besides me - and being retired we have the time to indulge her. I have the info about acquiring a non-resident PA LTC and with that and an MD permit we can go pretty much all the places within our driving range. Wouldn't reciprocity be grand?

[Ed L]

and the Maryland Police are still enforcing the old law:

https://www.foxnews.com/politics/police-blue-state-continue-enforcing-draconian-handgun-law-ruled-unconstitutional-court

"A three-judge panel of the Fourth Circuit Court of Appeals ruled that Maryland's handgun licensing requirement is unconstitutional and overly "burdensome."

I wonder what they would think of NY's requirement that you have 4 references from people in your county who have known you for a year.

"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."

The Maryland restrictions on purchasing a handgun are mild compared to NY State and NJ, to name two states.

[helothar]

and the Maryland Police are still enforcing the old law:

https://www.foxnews.com/politics/police-blue-state-continue-enforcing-draconian-handgun-law-ruled-unconstitutional-court

"A three-judge panel of the Fourth Circuit Court of Appeals ruled that Maryland's handgun licensing requirement is unconstitutional and overly "burdensome."

I wonder what they would think of NY's requirement that you have 4 references from people in your county who have known you for a year.

"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."

The Maryland restrictions on purchasing a handgun are mild compared to NY State and NJ, to name two states.

Not sure about the HQL but the MD carry permit also requires 3 references

In another win it looks like Montgomory county's regulations on carry will get tossed out, for those that don't know the county has some crazy stuff about carrying near "sensitive places" like parks, schools, etc where you cannot carry within 100 yards of these places, making carry virtually impossible within the county

https://twitter.com/MD_Shall_Issue/status/1729280996107833756?t=pDrD1V-Em9y9lDoP13A3lQ&s=19