In a recent blow to Democrats, court decisions in Maryland and Oregon have struck down gun control laws. These rulings have raised concerns among supporters of these measures but have been welcomed by proponents of gun rights. Let’s take a closer look at these developments.
Maryland’s Unconstitutional Law
Last week, the U.S. Court of Appeals for the Fourth Circuit deemed a law in Maryland, introduced in 2013, to be unconstitutional. The law required handgun buyers to obtain an additional “handgun qualification license” and wait up to 30 days for approval, even if they had already gone through background checks and waiting periods.
The court’s decision was based on the argument that the waiting period imposed by the law impinged on the rights of gun owners to protect themselves. The court highlighted that during this waiting period, individuals may potentially face danger, rendering their right to bear arms ineffective.
“This makes it very clear that the state can’t erect obstacles,” stated Mark Pennak, president of Maryland Shall Issue, one of the plaintiffs challenging the law. “The right to keep and bear arms necessitates the ability to acquire them. You cannot keep and bear that which you cannot acquire.”
Oregon’s Constitutional Violation
In Oregon, a controversial gun control measure that was passed by voters in the 2022 election has faced a significant setback. The law, which required background checks, mandatory training to obtain a gun permit, and banned high-capacity magazines, was found to violate the state constitution.
Measure 114 has been mired in legal battles since its narrow approval by voters last November. Gunowners filed a lawsuit arguing that the law infringed upon their right to bear arms under the Oregon Constitution. The case involved Oregon officials, including Democratic Governor Tina Kotek, Attorney General Ellen Rosenblum, and State Police Superintendent Casey Codding.
Rosenblum plans to appeal the ruling, emphasizing the importance of the law in ensuring public safety. However, supporters of the ruling believe that the gun control measure is ill-conceived and unconstitutional.
Growing Support for Gun Ownership
In recent years, public opinion regarding gun ownership has seen a significant shift. A record number of voters, amounting to 52 percent, revealed in an NBC poll that they or someone in their household owns a gun. This represents a noticeable increase from previous years, where the ownership rate stood at 46 percent in 2019 and 42 percent in 2013.
“In the last ten years, we’ve grown [10 points] in gun ownership. That’s a very stunning number,” remarked Micah Roberts of Public Opinion Strategies, a Republican polling firm involved in the survey. Such a change in ownership patterns emphasizes the enduring significance of gun ownership in American households.
Conclusion
The recent court decisions striking down gun control laws in Maryland and Oregon have sparked debates concerning the balance between gun rights and public safety. While supporters of these measures express concern, proponents of gun rights emphasize the importance of upholding constitutional freedoms. With evolving public opinion favoring gun ownership, the dynamic surrounding this issue continues to evolve.
