Late Tuesday the 4th Circuit Court of Appeals gave their ruling after hearing arguments on Maryland’s ban on 45 kinds of assault weapons. This was a major victory for those wishing to limit American gun ownership and, a major blow to the NRA.
The 4th Circuit ruled 10-4 in favor of Marylands ban claiming the guns in the ban are not covered by the Second Amendment. In the court decision, Judge Robert King wrote:
“Put simply, we have no power to extend Second Amendment protections to weapons of war,”
Brian Frosh who introduce the bill as a legislator and is now the Attorney General for Maryland in a statement said:
“unthinkable that these weapons of war, weapons that caused the carnage in Newtown and in other communities across the country, would be protected by the Second Amendment. It’s a very strong opinion, and it has national significance, both because it’s en-banc and for the strength of its decision,”
The dissent to the decision was issued by Judge William Traxler and he wrote that:
“has gone to greater lengths than any other court to eviscerate the constitutionally guaranteed right to keep and bear arms. For a law-abiding citizen who, for whatever reason, chooses to protect his home with a semi-automatic rifle instead of a semi-automatic handgun, Maryland’s law clearly imposes a significant burden on the exercise of the right to arm oneself at home, and it should at least be subject to strict scrutiny review before it is allowed to stand,”
Jennifer Baker an NRA spokeswoman said that the AR 15 is the most popular rifle in America and the fact it’s not protected under the 2nd Amendment is ridiculous.
“It is absurd to hold that the most popular rifle in America is not a protected ‘arm’ under the Second Amendment.” She added that the majority opinion “clearly ignores the Supreme Court’s guidance from District of Columbia v. Heller that the Second Amendment protects arms that are ‘in common use at the time for lawful purposes like self-defense.”
For those concerned about citizens owning AR 15s, this is a major victory. For those worried about the federal judges pushing their agenda despite the will of the people, you got another example. No doubt this isn’t over and will probably end up in the Supreme Court. It is curious that the AR was labeled a weapon of war when it follows federal guidelines to be sold to the public. The military versions are not on the market and are illegal to possess. This ruling is going to have major implications in other states that wish to impose the same type ban. What do you think? Do you think you have a right to possess an AR?
Source: NBC News