Explore The NRA Universe Of Websites

APPEARS IN News

Maryland Illustrates Problem with Requiring Permission to Exercise Constitutional Rights

Monday, June 29, 2020

Maryland Illustrates Problem with Requiring Permission to Exercise Constitutional Rights

2020 continues to serve up examples of why Americans should not tolerate gun control schemes that require citizens to obtain government permission before exercising their Second Amendment rights. This week, the Maryland State Police experienced what they termed a “catastrophic hardware failure” that interrupted that states ability to process regulated firearm purchase applications. The failure complicated Marylandersability to access handguns at a time when many residents are seeking to protect themselves.

In order to purchase a handgun in Maryland, a prospective gun owner must first obtain a Handgun Qualification License. Applicants must complete a firearms safety training course and undergo a fingerprint-based background check. The application process costs $50, not including fingerprinting fees.

On top of this rigorous requirement, a Maryland resident must fill out a 77R Application and Affidavit to Purchase a Regulated Firearm. The applicant is then subjected to a redundant background, a $10 fee, and a 7-day waiting period. The private transfer of handguns is prohibited in Maryland, so all handgun transactions must be conducted pursuant to this procedure.

In a June 22 advisory memo sent to firearm dealers, the Maryland State Police explained that the hardware failure “has caused an interruption in the Maryland State Police Licensing Divisions (MDSPLD) ability to complete background investigations, specifically, for regulated firearm purchase applications (77Rs), handgun qualification license applications (HQLs) and MD wear and carry permit applications (handgun permits).” The document noted that it was the regulated firearm purchase applications that were most effected.

Fortunately, Maryland law contains a safety-valve provision for just such circumstances. MD Code, Public Safety, § 5-123 provides, “(a) A licensee may not sell, rent, or transfer a regulated firearm until after 7 days following the time a firearm application is executed by the firearm applicant, in triplicate, and the original is forwarded by the prospective seller or transferor to the Secretary.” This means that a firearm dealer may proceed with a handgun transfer on the eighth day after the dealer submitted a customers regulated firearm purchase application, even if the state police have not affirmatively approved the transfer.

However, in their advisory memo, the state police encouraged firearms dealers to forego the right to complete a handgun transfer - even after seven days have passed. The memo noted, “The MDSPLD [Maryland State Police Licensing Division] encourages RFDs [Regulated Firearm Dealers] not to transfer these firearms until backgrounds checks have been completed.” This “encourage[ment]” takes on a more mandatory character when one considers that Maryland gun dealers are subject to both federal and state licensing requirements. The same Maryland State Police Licensing Division that made the request for dealers halt lawful handgun transfers controls dealer licensing.

On June 24, the state police announced that they were “able to their database system to a fully operational status.” However, they also acknowledged a “backlog of of regulated firearm purchase applications” and that “the process to complete all applications on file is expected to take several days.”

If the Maryland government holding up lawful gun transfers due to their own inability to process background checks sounds familiar, thats because it is.

Back in 2013, at a time when both President Barack Obama and Maryland Gov. Martin OMalley were pursuing gun control, Marylands background check system experienced a months-long backlog. NRA filed suit against then-Secretary of the Department of State Police Col. Marcus L. Brown. The complaint sought to have the court force the state into meeting the requirement that applications be processed within seven days, and to make immediate determinations on all applications that had already been in the backlog more than seven days. Further, the suit argued for the state to recognize that gun dealers be allowed to transfer firearms to purchasers whose application had been pending more than seven days but had yet to be processed.

As part of avoiding the suit, the state made clear that gun dealers are allowed to transfer regulated firearms to customers following the seven day waiting period, but prior to receiving a determination on the purchasers application from the state police. A June 7, 2013 advisory memo from the state police noted, “a regulated firearm may be lawfully sold, leased or transferred by a licensed firearms dealer or other person after the seven-day waiting period, provided that the dealer or person has not received notice that the application has been placed on hold or disapproved by Maryland State Police (Public Safety Article Sec. 5-125(b)) and the dealer or person does not have actual knowledge or reasonable cause to believe that the recipient is disqualified from possessing a regulated firearm under Maryland or federal law.”

At bottom, the problem is not that Maryland continues to “encourage” the gun dealers that they regulate to disavow their customersSecond Amendment rights. The problem is a regime that requires permission to exercise a constitutional right. The record is clear, governments like Maryland have repeatedly shown that at times they are unwilling or incapable of granting that permission.

Consider what gun owners in other parts of the country have experienced this year. In several jurisdictions, governors and local officials ordered gun stores closed during the onset of the COVID-19 outbreak. In states that have criminalized the private transfer of firearms, this effectively cut off law-abiding citizensability to exercise their Second Amendment rights. In other jurisdictions, officials curtailed or cut-off access to licenses needed to acquire firearms or exercise the Right-to-Carry. All of this occurred at a time when Americans most-needed their Second Amendment rights, as evidenced by the record-breaking number of background checks conducted through the FBI’s National Instant Criminal Check System (NICS).

The way to avoid these unacceptable scenarios is to reject firearm owner licensing and so-called “universal background check” schemes that create a prior restraint on the exercise of constitutional rights. Once such a system is in place, citizens must count on their government to act in an honest and competent manner in administering their rights. As history has made clear, this is nothing anyone should be forced to rely upon.

IN THIS ARTICLE
Maryland License
TRENDING NOW
Virginia: More Gun Control Bills Filed Including Semi-Auto Ban and Tax on Suppressors!

Thursday, January 8, 2026

Virginia: More Gun Control Bills Filed Including Semi-Auto Ban and Tax on Suppressors!

Anti-gun legislators in Richmond have been busy ahead of the 2026 legislative session working on ways to burden your Second Amendment rights.

Ninth Circuit Panel Rules California’s Open Carry Ban is Unconstitutional

Monday, January 5, 2026

Ninth Circuit Panel Rules California’s Open Carry Ban is Unconstitutional

On Friday, Jan. 3, a divided three judge panel of the U.S. Court of Appeals for the Ninth Circuit held that California’s ban on open carry in counties with a population of greater than 200,000 ...

North Carolina: Update on Permitless Carry

Tuesday, December 16, 2025

North Carolina: Update on Permitless Carry

In September, the North Carolina General Assembly briefly returned from recess and re-referred Senate Bill 50, Freedom to Carry NC, to the House Rules Committee.

Pro-2A Journalist Awarded in New Jersey: Further Proof the Garden State is Savable?

News  

Monday, January 5, 2026

Pro-2A Journalist Awarded in New Jersey: Further Proof the Garden State is Savable?

It’s rare to see journalists write accurate articles about the Second Amendment and the right to self-defense, and even more rare to see them receive accolades from their mainstream peers for such articles.  

2025 Litigation Update

Wednesday, December 31, 2025

2025 Litigation Update

In 2025, the National Rifle Association defeated New Mexico’s 7-day waiting period for firearm purchases, the ATF’s “engaged in the business” rule, the ATF’s “pistol brace” rule, a lawsuit seeking to ban lead ammunition in ...

More Anti-Gun “Trajectories” and “Experiments” on the Horizon in Illinois for 2026

News  

Monday, January 5, 2026

More Anti-Gun “Trajectories” and “Experiments” on the Horizon in Illinois for 2026

As a new year begins, a timeless new year resolution remains: Work hard to ensure your state does not become like Illinois. As multiple firearm-related news outlets revisit the highs and lows of 2025, it ...

Sole Remaining Municipal Gun-Industry Lawsuit Grinds to Final Defeat

News  

Tuesday, January 6, 2026

Sole Remaining Municipal Gun-Industry Lawsuit Grinds to Final Defeat

In 1999, when the rest of the country was fretting over the potential Y2K disruption of worldwide computer systems, the City of Gary, Indiana launched its lawsuit against handgun manufacturers, retailers and a wholesaler, raising ...

U.S. DOJ and 25 States File Amicus Briefs Supporting NRA Challenge to California Ammunition Regulations

Tuesday, January 6, 2026

U.S. DOJ and 25 States File Amicus Briefs Supporting NRA Challenge to California Ammunition Regulations

The U.S. Department of Justice and a coalition of 25 states have each filed amicus briefs in Rhode v. Bonta, a case backed by the National Rifle Association and California Rifle and Pistol Association challenging California’s ...

Virginia: Gun Control Looms on the Horizon – Make Plans to Attend Lobby Day in January!

Monday, December 22, 2025

Virginia: Gun Control Looms on the Horizon – Make Plans to Attend Lobby Day in January!

Anti-gun legislators in Richmond have already begun filing legislation ahead of the upcoming Virginia General Assembly session. 

NRA Files Another Lawsuit Challenging the National Firearms Act

Thursday, October 9, 2025

NRA Files Another Lawsuit Challenging the National Firearms Act

Today, the National Rifle Association—along with the American Suppressor Association, Firearms Policy Coalition, and Second Amendment Foundation—announced the filing of another lawsuit challenging the constitutionality of the National Firearms Act of 1934 (NFA).

MORE TRENDING +
LESS TRENDING -

More Like This From Around The NRA

NRA ILA

Established in 1975, the Institute for Legislative Action (ILA) is the "lobbying" arm of the National Rifle Association of America. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution.