Maryland Gets Gust Of Freedom: Assault Weapons Ban Ruled Unconstitutional

by
posted on February 6, 2016
maryland-main-image.jpg

An important ruling Thursday by a federal appeals court in the case against Maryland’s ban on so-called “assault weapons”—in truth, simply semi-auto rifles—is a win for both the Constitution and gun owners in the state.

In the case challenging the legality of Maryland’s 2013 ban on so-called “assault weapons” and equally misnamed “high-capacity” magazines, the 4th Circuit Court of Appeals ruled a lower court was wrong when it upheld the bans, and has sent it back to the lower court for review. 

The three-judge panel, in a 2-1 ruling, said the state’s prohibition on what the court called “the vast majority of semi-automatic rifles commonly kept by several million American citizens” violated the constitutional rights of Maryland’s gun owners, as protected by the Second Amendment. 

“In our view, Maryland law implicates the core protection of the Second Amendment—the right of law-abiding, responsible citizens to use arms in defense of hearth and home,” wrote Chief Judge William Traxler. The judge also wrote that laws banning these firearms “substantially burden this fundamental right.” 

In sending the case back to the lower court, the District Court instructed the judge to apply the constitutional test of “strict scrutiny” to the question of whether the ban violated the Second Amendment. A U.S. District judge had previously ruled the ban was constitutional under the less-stringent test of “intermediate scrutiny.” 

Chris W. Cox, executive director of NRA’s Institute for Legislative Action, lauded the ruling in this important case.

“The 4th Circuit’s ruling is an important victory for the Second Amendment,” Cox said. “Maryland’s ban on commonly owned firearms and magazines clearly violates our fundamental, individual right to keep and bear arms for self-defense. The highest level of judicial scrutiny should apply when governments try to restrict our Second Amendment freedoms.” 

Of course, Maryland Attorney General Brian Frosh has promised to appeal the ruling. We’ll keep you posted as the case moves forward.

Latest

48651170742_04f298edc4_k.jpg
48651170742_04f298edc4_k.jpg

More Than Half of State Attorneys General Demand Answers from Biden

The group submitted a formal comment letter addressing the ATF’s proposed rulemaking regarding the “Definition of ‘Engaged in Business’ as a Dealer in Firearms.”

Another Armed Californian Saves His Family

Robberies and burglaries are increasingly occurring in the Golden State.

This is What Empowering Women Really Looks Like

With gun ownership on the rise throughout the nation, women are one huge demographic that has seen noticeable growth in this area. Such is why one NRA firearms instructor built a self-defense training company that caters exclusively to women.

What’s Next for Oregon?

When a circuit court judge imposed a permanent injunction against Oregon’s anti-freedom measure last week, it was just the latest skirmish in a year-long, up-and-down battle against the sweeping, poorly conceived law.

The Armed Citizen® December 4, 2023

True stories of the right to keep and bear arms.

NRA 2023 Year In Review

None of this would be possible without the enduring support of NRA members.



Get the best of America's 1st Freedom delivered to your inbox.