Maryland Loosens Concealed Carry Law In Light Of Supreme Court Gun Ruling

Topline

Maryland Gov. Larry Hogan (R) instructed state police Tuesday to be less restrictive about which firearm owners in the state are granted concealed carry licenses, as states with strict concealed carry laws respond to a Supreme Court decision last month striking down a similar law in New York and broadening Second Amendment rights.

Supporters of gun control and firearm safety measures protest outside the US Supreme Court in … [+] Washington, DC, on December 2, 2019.

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Key Facts

Hogan’s directive told state law enforcement that those seeking concealed carry licenses are no longer required to have a “good and substantial reason” for carrying a firearm, as the law previously required.

The governor said it “would be unconstitutional to continue enforcing this provision” in light of the Supreme Court’s ruling, which found a New York law heavily restricting concealed carry licenses violated the Constitution.

There are still other restrictions on concealed carry in Maryland that aren’t affected by Hogan’s directive, like barring people convicted of felonies or who have “exhibited a propensity for violence or instability” from obtaining a license.

Hogan’s statement comes after Massachusetts Attorney General Maura Healey (D) issued a similar directive on Friday, which said state law enforcement can no longer enforce a provision requiring people to have a “good reason” for obtaining a license to carry a firearm.

The Supreme Court’s decision also affected laws in California, Hawaii, New Jersey and Rhode Island, whose concealed carry laws were also more selective about who was allowed to receive a permit and are thus unconstitutional according to the court’s ruling.

What To Watch For

How states will rewrite their laws to adapt to the Supreme Court’s ruling. New York quickly enacted a new law last week that retooled the state’s concealed carry requirements to comply with the ruling. The law removes the requirement that licenses will only be issued to people with “proper cause,” but imposed a stricter process to get a license and established places where guns can’t be carried, including schools, churches, public transit and Times Square. California lawmakers have already moved forward with similar legislation that would restrict concealed firearms, and New Jersey Gov. Phil Murphy (D) signed an executive order directing state agencies to determine where and how firearms can be carried. He also signaled his intention to work with lawmakers on legislation similar to what New York enacted. Hogan’s action on Tuesday may also not be the final word for gun laws in Maryland, as Democratic state lawmakers said after the ruling they would pass legislation “if necessary” that responds to the ruling.

Key Background

The Supreme Court ruled 6-3 on June 23 that New York’s concealed carry law was unlawful, finding its restrictions on who could obtain a license violated the Fourteenth Amendment by stopping “law-abiding citizens with ordinary self-defense needs” from practicing their Second Amendment right to bear arms. The court said New York’s law was overly burdensome—as individual officers had full discretion to decide who could and could not get a license—but also imposed an expansive view of Second Amendment rights, finding the right to “bear arms” broadly includes “carrying handguns publicly for self-defense.” Justices also found New York’s previous view of what constituted a “sensitive place” where guns are outlawed—including all of Manhattan—was too broad, necessitating the new state legislation that imposes specific places where guns can’t be carried.

What We Don’t Know

How the court’s ruling will affect gun control laws beyond concealed carry, given its permissive view of the Second Amendment. Attorneys involved with gun-related cases told the New York Times the decision could also impact ongoing challenges to other state firearm restrictions, such as bans on assault rifles or high-capacity magazines. “This is a lot broader than I thought the court was going to go,” Gun Owners of America attorney Stephen D. Stamboulieh told the newspaper. “There is so much work now to do.”

Contra

While the Supreme Court’s ruling rolled back gun protections in many states, some have still made their gun control measures even tighter since the court’s decision. New Jersey and Delaware both enacted laws in recent days that imposed sweeping restrictions on firearms outside of concealed carry: Delaware banned assault weapons and limited high-capacity magazines, and New Jersey made it easier to sue and punish firearms manufacturers and dealers, among other measures.

Tangent

Hogan’s directive comes one day after the U.S. once again suffered a high-profile mass shooting, as seven people were killed at an Independence Day parade in Highland Park, Illinois. The shooting was part of a broader string of deadly shootings that took place over the holiday weekend, including other incidents in Philadelphia, New York City, Chicago and Kenosha, Wisconsin.