Supreme Court Declines to Hear HQL Challenge

The HQL process is here to stay, as the United States Supreme Court declined to review an argument challenging the policy for purchasing a handgun in Maryland.  Gun rights advocates have been pushing for repeal of the HQL process since 2022 when the Supreme Court declared the state’s “may issue” policy regarding the issuance of wear and carry permits was unconstitutional.  This was a massive nationwide victory for the gun lobby, who apparently wanted to strike while the iron was hot.  For a few months it actually seemed as if the Marylanders would no longer have to obtain a license in order to purchase a handgun as the HQL requires.  In the fall of 2023, a three-judge panel struck down the State Police regulation that requires state residents to submit fingerprints and complete a 4-hour safety court before being eligible to obtain the license to purchase.  However, the victory was short lived, as in the summer of 2024 a majority of a full panel of judges at the 4^th U.S. Circuit Court of Appeals in Richmond, Virginia reversed the three-judge panel’s ruling and affirmed the District Court’s original decision to uphold the law.

After the Court of Appeals upheld the trial court’s original ruling the gun lobby had one more shot to make an argument in the country’s highest court, but only if the Justices chose to accept the case.  They declined, and now the HQL lives on.  Maryland citizens will continue to have to obtain a license before being granted permission to purchase a handgun.  The requirements do not extend to rifles and shotguns, which are treated differently under a variety of Maryland laws.  A Handgun Qualification License is not the same as a wear and carry permit, and anyone with a HQL who is found to be unlawfully transporting a handgun will likely be arrested and charged with a 5-year misdemeanor for wear, transport or carry of a firearm.  While it may be brought up in mitigation, a valid HQL is not a legal defense to unlawful carry of a firearm.

With this victory by the Attorney General’s Office and the State Police, Maryland will continue to live up to its reputation as one of the most unfriendly gun rights states in the country.  Each year many out-of-state residents learn the hard way how difficult it is to comply with these strict gun laws while passing through our state.  If you plan on driving through Maryland with a gun or have been charged with a firearm offense, contact Maryland gun crime lawyer Benjamin Herbst anytime for a free consultation.  Benjamin has successfully defended hundreds of clients in firearm offenses including wear, transport or carry, possession by a prohibited person and use of a firearm in a crime of violence.  He represents adults and juveniles in crimes such as possession of a firearm by a minor.  Benjamin is also an experienced federal gun lawyer who has represented dozens of defendants in the Greenbelt and Baltimore federal courthouses for crimes including possession of a firearm at a federal facility and other citations.  There are numerous U.S. government properties (Fort Meade, NIH and Joint Base Andrews) and federally patrolled roadways in the state of Maryland (BW Parkway / 295), and these areas are all under the jurisdiction of federal law enforcement.  Even a person who holds a valid wear and carry permit may be subject to federal prosecution for setting foot on a military base or federal installation with his or her lawfully registered handgun.  Benjamin offers free consultations about all criminal cases and is available 7 days a week for his clients.  Contact Benjamin anytime at 410-207-2598.

Resources:

Supreme Court Declines to hear Challenge to Strict Maryland Gun Licensing Law, cbsnews.com.