Police in a Blue State boldly enforce handgun law despite court ruling it unconstitutional
Enforcement of Unconstitutional Handgun Qualification Law Continues in Maryland
Despite a federal court ruling that Maryland’s handgun qualification law violates the Second Amendment, the law is still being enforced. In a recent decision, the Fourth Circuit Court of Appeals declared the law unconstitutional, stating that it failed to meet the standards set by the US Supreme Court. However, the state has been given time to appeal the decision before it becomes official.
BREAKING: Democrat-run Maryland will continue to enforce a wide-reaching handgun licensing law, even after a federal appeals court ruled that it was unconstitutional.
DEMOCRAT CORRUPTION AT ITS FINEST!!! https://t.co/eBPEcsUQzk
— Proud Elephant (@ProudElephantUS) November 28, 2023
In the meantime, the Maryland State Police have stated that the Handgun Qualification Law (HQL) remains in effect, and there are no immediate changes to the firearm purchasing process. The HQL requires individuals to submit fingerprints, undergo a background check, complete a four-hour course with a live-fire exercise, and wait up to 30 days for approval. The judges deemed this process burdensome and struck it down.
Despite the court ruling, Maryland Governor Wes Moore has expressed his intention to fight for the law, while Attorney General Anthony Brown is considering the state’s options for next steps. The National Rifle Association (NRA) has hailed the ruling as a victory for the Second Amendment, while the Maryland Republican Party expects an appeal to be filed.
The court ruling criticized Maryland’s restrictive process for obtaining a handgun, highlighting the lack of historical justification for such restrictions. The decision emphasized the importance of mechanisms in firearm regulation and concluded that Maryland’s law failed to meet constitutional standards.
Source: Police in Blue State Defiantly Enforce Strict Handgun Law Court Ruled Unconstitutional (The Western Journal)
How has the Maryland State Police justified their continued enforcement of the handgun qualification law despite the Fourth Circuit Court of Appeals ruling it unconstitutional?
Forth by the Supreme Court’s landmark decision in District of Columbia v. Heller. However, despite this ruling, the Maryland State Police have continued to enforce the law, raising concerns among gun rights advocates and legal experts.
The handgun qualification law, which was enacted in 2013, requires individuals to obtain a license and complete a training course before purchasing a handgun. It also imposes additional requirements such as fingerprinting, background checks, and a waiting period. Proponents of the law argue that it is necessary to ensure public safety and reduce gun violence, while opponents view it as an infringement on their Second Amendment rights.
In February 2021, the Fourth Circuit Court of Appeals ruled in the case of Maryland Shall Issue, Inc. v. Hogan that the handgun qualification law violated the Second Amendment by burdening the rights of law-abiding citizens to keep and bear arms. The court found that the law imposed significant obstacles to gun ownership without providing a substantial benefit to public safety.
Despite this ruling, the Maryland State Police have refused to stop enforcing the law. They claim that the Fourth Circuit’s decision only applies to the plaintiffs in the case and does not affect the law’s validity for other individuals. This interpretation has generated controversy and confusion, as it goes against the traditional understanding that a federal court ruling declaring a law unconstitutional should apply to all individuals subject to that law.
Legal experts argue that the Maryland State Police’s defiance of the Fourth Circuit’s ruling is problematic and potentially unlawful. They contend that when a federal court declares a law unconstitutional, it creates a binding precedent that should be applied uniformly. They further assert that the doctrine of stare decisis, which requires lower courts to follow the legal principles established by higher courts, should apply in this situation.
Gun rights advocates have expressed concern that the continued enforcement of the unconstitutional law could result in the violation of individuals’ Second Amendment rights. They argue that law-abiding citizens should not be subjected to burdensome requirements that impede their ability to exercise their fundamental right to self-defense.
Moreover, the Maryland State Police’s reluctance to adhere to the Fourth Circuit’s ruling raises questions about the respect for the rule of law and the proper division of powers between the judiciary and executive branches. While it is within the purview of the executive branch to enforce and interpret laws, it is the role of the judiciary to determine their constitutionality. By disregarding the court’s decision, the Maryland State Police may be undermining the checks and balances that are essential to a functioning democratic system.
The enforcement of an unconstitutional law also undermines public trust in the legal system. Individuals may become disillusioned with a system that fails to respect their constitutional rights and disregards court rulings. This erosion of trust can have far-reaching consequences for the legitimacy of the government and the rule of law itself.
In conclusion, despite a federal court ruling declaring Maryland’s handgun qualification law unconstitutional, the law continues to be enforced by the Maryland State Police. This discrepancy has raised concerns among gun rights advocates and legal experts who argue that the enforcement of an unconstitutional law undermines individuals’ Second Amendment rights and erodes public trust in the legal system. It is imperative that the Maryland State Police reconsider their stance and abide by the Fourth Circuit’s ruling to ensure the protection of constitutional rights and the integrity of our democratic system.
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