http://www.davekopel.com/Briefs/Marylan ... -brief.pdf
SAF, CCRKBA JOIN IN AMICUS BRIEF CHALLENGING MARYLAND GUN LAWThe Fourth Circuit has adopted a Two-Part Test for Second Amendment
challenges. In Part One, the Court determines whether the law burdens the
Founding-Era scope of the right to keep and bear arms. In Part Two, the Court applies
the appropriate level of heightened scrutiny, where the Government bears the burden
of proving the constitutionality of the law.
Maryland’s training requirement burdens the Founding-Era scope of the right. No
colonial or Founding-Era law ever required training to possess a firearm. Indeed,
many laws required firearm ownership without requiring training. Some laws
required persons expressly exempted from training to own firearms.
The objective of reducing firearms accidents has been accomplished with great
success over the past four decades—without Maryland’s burdensome training
requirement. Maryland’s training requirement fails intermediate scrutiny because
Maryland has failed to prove that the reduction would be achieved less effectively
absent its new regulation.
Maryland’s long and expensive licensing process burdens the Founding-Era scope
of the right. No person with full civil rights was required to obtain a government
license to possess a firearm in the colonial or founding periods. Nor is such a licensing
system a “presumptively lawful” longstanding regulation. In the first decades of the
twentieth century, a few states imposed some form of licensing laws, but some of
those were quickly repealed, and others were much less burdensome than Maryland’s
Baltimore Sun Editorial:maintain state carry restrictions...“We’ve joined in this brief because Maryland’s licensing process is expensive and lengthy, and a right delayed is a right denied,” said SAF founder and CCRKBA Chairman Alan Gottlieb. “No citizen should have to jump through so many hoops simply to have a gun in their own home. There were no such requirements or regulations in Maryland at the time the Constitution was ratified, and the current regulatory scheme seems more intended to discourage responsible firearms ownership than guarantee that gun owners safely handle their firearms.
“The training requirement in Maryland imposes a burden on a citizen’s ability to exercise his or her Second Amendment rights,” he continued. “But evidently in Maryland, as in some other states, the government has arbitrarily decided to treat the Second Amendment right as a regulated privilege, and that simply cannot be allowed to stand.”