Maryland State Police stand by 'unconstitutional' handgun law despite court ruling
ANNAPOLIS, Md. (WBFF) — Maryland State Police issued an agency-wide order Tuesday to continue enforcing Maryland's "handgun qualification law" despite a scathing court opinion calling the law unconstitutional.
In an advisory notice, the Maryland State Police’s (MSP) licensing division stated it will continue enforcing the handgun qualification license, or HQL, law until the federal court issues a mandate.
According to the federal order signed Tuesday, Maryland officials have 14 days to file for a rehearing. If the state fails to do so, the federal appeals court will issue an automatic mandate seven days later. This option places a final court ruling for December 11.
Alternatively, Attorney General Anthony Brown’s office can appeal to the U.S. Supreme Court. The decision to appeal must be made no later than December 21.
Maryland Republican Party Chairwoman Nicole Beus Harris told FOX45 News she believes Maryland officials will appeal andcontinue to push what she claimed is a false narrative that the HQL law saves lives.
Beus Harris added that she feels the HQL law likely increases illegal gun use, while questioning why Maryland officials would waste taxpayer money to fight what courts have determined is an unconstitutional law.
RELATED |Appeals court strikes down Maryland law requiring handgun qualification licenses
In Tuesday’s federal court opinion, Judge Julius N. Richardson signaled the likely direction the U.S. Court of Appeals would take in its mandate.
“The answer is not complicated. If you do not already own a handgun, then the only way to ‘keep’ or ‘bear’ one is to get one, either through sale, rental, or gift. And the challenged law cuts off all three avenues – at least, for those who do not comply with its terms,” U.S. Fourth Circuit Court Judge Julius N. Richardson wrote in his opinion.
Maryland officials have not indicated whether they plan to continue fighting the court's rulings.
After repeatedly pressing Attorney General Brown’s office, FOX45 News’ questions were directed to MSP and Gov. Moore.
Gov. Moore’s office was less forthcoming, refusing to answer FOX45 News’ questions about the MSP advisory or if it plans to use taxpayer funds to fight a decision where unfavorable legal precedent exists.
Since former Governor Hogancalled on MSP to end "good and substantial" reasoning requirements for issuing permits, handgun ownership applications have skyrocketed, according to police data.
According to MSP, over 85,000 Marylanders applied for a handgun permit in 2022, compared to just over 12,000 in 2021.
ALSO READ |Gun shops, Maryland State Police seeing surge in those seeking wear-and-carry permits
Despite the numbers, Maryland Democratic leaders have slammed Tuesday’s appeal court decision, including Senate President Bill Ferguson.
“Today’s decision is crazy. Every responsible gun owner supports basic firearm training and keeping guns out of the criminals’ hands. This decision will unequivocally lead to more gun violence and firearm related deaths,” Maryland Senate President Bill Ferguson said in a statement after Tuesday’s appeal court opinion.
According to Maryland State Police, their licensing division's webpage will be continuously updatedas the state navigates Tuesday's federal court decision.
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