A federal appeals court on Tuesday struck down Maryland’s handgun licensing law, finding that its requirements, which include submitting fingerprints for a background check and taking a four-hour firearms safety course, are unconstitutionally restrictive.
In a 2-1 ruling, judges on the 4th U.S. Circuit Court of Appeals in Richmond said they considered the case in light of a U.S. Supreme Court decision last year that “effected a sea change in Second Amendment law.”
The underlying lawsuit was filed in 2016 as a challenge to a Maryland law requiring people to obtain a special license before purchasing a handgun. The law, which was passed in 2013 in the aftermath of the mass shooting at Sandy Hook Elementary School, laid out a series of necessary steps for would-be gun purchasers: completing four hours of safety training that includes firing one live round, submitting fingerprints and passing a background check, being 21 and residing in Maryland.
Maryland Gov. Wes Moore, a Democrat, said he was disappointed in the circuit court’s ruling and will “continue to fight for this law.” He said his administration is reviewing the ruling and considering its options.
The Constitution is not a sacrosanct document, we’ve major changes before, including repealing amendments. We shouldn’t be afraid of changing it if it’s doing more harm than good. The President and Vice President are elected differently now, the 3/5ths compromise was repealed by the 14th Amendment, and 18th Amendment, enacting Prohibition, was struck down by the 21st.
It’s my belief that the reason nobody has seriously tried to change the Constitution to remove or modify the 2nd amendment is that they know it’s currently impossible. Changing the Constitution requires a serious amount of working together and agreement between the state and federal governments, and that just doesn’t exist right now.
That’s why some states are trying to pass unconstitutional laws, it’s easier to do that and get away with it at least for a little bit than it is to change the construction.