In August 2024, the U.S. Court of Appeals for the Fourth Circuit issued a controversial ruling that upholds Maryland’s Handgun Qualification License (HQL) law, which places significant requirements on Maryland residents before they can legally purchase a handgun.
Requirements include submitting fingerprints, completing a safety course, and passing a background check. The state argues that these measures are necessary for public safety, but many gun rights advocates believe the ruling is a blow to Second Amendment rights.
For years, those who support constitutional gun rights have contended that the HQL law places unnecessary requirements on law-abiding citizens and infringes on their constitutional right to bear arms.
Despite these concerns, the court sided with the state, agreeing that the HQL law is reasonable. What does this mean for the future of gun rights in Maryland? Let’s take a closer look at the key aspects of the ruling to see how it impacts your right to bear arms.
Maryland’s HQL Law
The Handgun Qualification License (HQL) law was passed in Maryland in 2013 as part of a broader gun control package known as the Firearm Safety Act. This legislation was introduced in response to the Sandy Hook school shooting in 2012, which brought gun control issues into the national spotlight.
The HQL law was designed to add an extra layer of security by preventing firearms from falling into the wrong hands and ensuring that only responsible and well-informed citizens could purchase a handgun in the state.
The law was designed to strike a balance between public safety and gun ownership, but it led to a great deal of controversy as many argue that even a temporary deprivation of the ability to purchase a handgun violates their constitutional rights.
HQL Requirements
To obtain an HQL, Maryland residents 21 years of age or older must submit fingerprints to the state so that a thorough background check can be performed to ensure that the applicant has no disqualifications.
Applicants also must complete a mandatory 4-hour firearms training course that consists of classroom instruction covering state laws, safety, and gun operation and a live-fire portion to demonstrate competency.
Once all the requirements are met and the application fee has been paid, applicants endure a waiting period of up to 30 days before the application is approved and the license is issued.
The Court’s August 2024 Ruling
In August 2024, the Fourth Circuit Court of Appeals ruled 14-2 to uphold Maryland’s Handgun Qualification License (HQL) law. This decision overturned an earlier ruling from 2023 that found the law unconstitutional.
The court’s majority opinion stated that the HQL law does not infringe on Second Amendment rights, as its primary purpose is to ensure that individuals purchasing handguns are law-abiding citizens.
Legal Precedents Cited
While reviewing the appeal, the judges relied heavily on the Supreme Court’s 2022 decision in the case of New York State Rifle & Pistol Association v. Bruen. In that case, the Court found that licensing laws are acceptable as long as they are consistent with the nation’s historical tradition of firearm regulation.
The court also noted that many states have similar “shall-issue” licensing systems that are considered constitutional and that although there may be delays in obtaining a handgun, these delays do not infringe on the right to bear arms but merely act as a safeguard.
The judges found that the HQL law’s purpose is to balance public safety with gun rights and that the law is consistent with the Second Amendment.
Impact on Maryland Residents
This current ruling reaffirms that the Maryland Handgun Qualification License (HQL) process is here to stay, and new gun buyers should plan for the time and effort involved in meeting these conditions.
Residents will still need to meet all the existing requirements, including fingerprint submission, background checks, safety course completion, and application fees.
Possible Future Challenges to the Law
The case continues to be a hot-button issue, and the court’s decision may not be the end of the legal battle surrounding the HQL law. Gun rights groups, such as Maryland Shall Issue, have expressed their dissatisfaction with the ruling and are likely to appeal the case to the Supreme Court.
If the case reaches the Supreme Court, it could potentially set a new precedent for gun regulations across the country. For now, though, Maryland residents must comply with the current law. Be sure to keep track of new legal developments because, as we’ve seen, laws can be overturned.
A Landmark Decision With Rippling Effects
The Fourth Circuit’s decision to uphold Maryland’s HQL law is a major victory for proponents of gun control but a frustrating setback for gun rights advocates.
For those wanting to buy a handgun in Maryland, the message is clear: the current hurdles—fingerprints, safety courses, and background checks—aren’t going anywhere for the time being.
However, this battle is far from over. With gun rights groups gearing up for a possible Supreme Court challenge, the outcome of this case could shake up gun laws across the country. Keep an eye on this one—it’s far from settled.
