Fourth Circuit to hear Maryland
Second Amendment case En Banc

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By Dean Weingarten. Jan 17, 2024

On January 11, 2024, the United State Court of Appeals for the Fourth Circuit agreed to re-hear the case of Maryland Shall Issue v Wes Moore.

A three judge panel found the Maryland law infringed on Second Amendment rights to acquire handguns and was unconstitutional under the Supreme Court Bruen decision of 2022. The three judge panel filed the split decision on November 21, 2023.

This is a long running court case challenging numerous infringements required by the Maryland law. The case started in 2016.

On December 5, 2023, the defendants (essentially the government of Maryland), filed for an en banc hearing of the case before the entire Court of Appeals for the Fourth Circuit. The government of Maryland, in their petition for an en banc review, showcase an alarming misunderstanding of the Constitution and the Bruen Supreme Court decision. They claim the Bruen decision actively promoted the concept all "Shall Issue" laws are acceptable under the Second Amendment. This comes from a misreading of Judge Kavanaugh's concurrence.

As such, it is only Judge Kavanaugh's opinion. From the Bruen decision, Justice Kavanaugh concurring: .....


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