this post was submitted on 21 Nov 2023
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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.

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[–] ryathal@sh.itjust.works 2 points 1 year ago (2 children)

One of these things is guaranteed in the constitution and one isn't.

[–] SkepticalButOpenMinded@lemmy.ca 3 points 1 year ago (1 children)

Sure, but that’s a different claim than the one you made.

[–] ryathal@sh.itjust.works 4 points 1 year ago (1 children)

It's really not. Firearms are allowed by the constitution and therefore only minimal restrictions are allowed. Fingerprints and permits are far from minimal, and background checks are already a federal requirement. The fact it's hard to be a pilot isn't really relevant.

[–] SkepticalButOpenMinded@lemmy.ca 0 points 1 year ago (1 children)

I was not the one to claim that “That's basically the requirements in my state for a cpl”. If it isn’t really relevant, I’m not sure why you brought it up.

[–] Maggoty@lemmy.world -2 points 1 year ago (1 children)

Then join the National Guard, local police force, or military. Because when that was written that's what the Militia was for. There is no town militia waiting to get called out anymore which means it should be defunct. Instead we ignore half the dang thing and pretend we're all the militia when in reality if Canada invaded tomorrow the Army would be pleading with civilians to get out of the way, not recruiting meal team six.

[–] ryathal@sh.itjust.works -1 points 1 year ago (1 children)

The right of the people to keep and bear arms shall not be infringed. No where dies it say militia members only.

[–] Maggoty@lemmy.world 0 points 1 year ago* (last edited 1 year ago) (1 children)

See there you go. Missing half the dang Amendment.

A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.

You cannot argue an uninfringed right to personal ownership without also arguing that we need universal conscription and continuing training for all able bodied adults. And if you can't fulfill that duty then you don't get guns.

[–] ryathal@sh.itjust.works 1 points 1 year ago

And the right is explicitly granted to the people, a well regulated militia is irrelevant to the existence of the right. Now you could argue the first phrase grants the right to conscription to the government I suppose, but no one is really making that argument. The right is explicitly given to the people, not people that are conscripted or subject to it, the constitution and amendments are very good about being explicit when they are limiting the scope of a power or right to a subgroup and that isn't the case here.