ANNAPOLIS, Md. Maryland's ban on 45 kinds of assault weapons and its 10-round limit on gun magazines were upheld Tuesday by a federal appeals court in a decision that met with a strongly worded dissent.
In a 10-4 ruling, the 4th U.S. Circuit Court of Appeals in Richmond, Virginia, said the guns banned under Maryland's law aren't protected by the Second Amendment.
"Put simply, we have no power to extend Second Amendment protections to weapons of war," Judge Robert King wrote for the court, adding that the Supreme Court's decision in District of Columbia v. Heller explicitly excluded such coverage.
Maryland Attorney General Brian Frosh, who led the push for the law in 2013 as a state senator, said it's "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."
AR-15 rifles. Scott Olson / Getty Images
"It's a very strong opinion, and it has national significance, both because it's en-banc and for the strength of its decision," Frosh said, noting that all of the court's judges participated.
Judge William Traxler issued a dissent. By concluding the Second Amendment doesn't even apply, Traxler wrote, the majority "has gone to greater lengths than any other court to eviscerate the constitutionally guaranteed right to keep and bear arms." He also wrote that the court did not apply a strict enough review on the constitutionality of the law.
"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," Traxler wrote.
National Rifle Association spokeswoman Jennifer Baker said, "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.'"
The NRA estimates there are 5 million to 10 million AR-15s one of the weapons banned under Maryland's law in circulation in the United States for lawful purposes. Asked about an appeal, Baker said the NRA is exploring all options.
In a 10-4 ruling, the 4th U.S. Circuit Court of Appeals in Ri Richmond, Virginia, said the guns banned under Maryland's law aren't protected by by the Se by by the Second Amendment.
The District of Columbia v. Heller, 554 U.S. 570 (2008) court ruling was very narrow. The U.S. Supreme Court ruled that the second amendment protected the use of handguns in the home for self-defense from federal infringement. That's it.
Later, the court ruled in McDonald v. Chicago, 561 U.S. 742 (2010) that it also protected the right against state infringement.
So the 4th U.S. Circuit Court of Appeals is correct that the guns banned under Maryland's law aren't protected by the Second Amendment. That doesn't mean those guns are illegal -- just that the second amendment doesn't protect them.
By the way, the Constitution of Maryland contains no provision protecting the right for individuals to keep and bear arms.
So the 4th U.S. Circuit Court of Appeals is correct that the guns banned under Maryland's law aren't protected by the Second Amendment. That doesn't mean those guns are illegal -- just that the second amendment doesn't protect them.
Isnt that basically the same?
If you have no second amendment right of protection all weapons are illegal once any govenrment body deems them to be illegal. Then you the peon I mean citizen have to prove you are not breaking the law or comply which means comply.
#7. To: misterwhite outs himself again, claims States can infringe... (#1)
The District of Columbia v. Heller, 554 U.S. 570 (2008) court ruling was very narrow. The U.S. Supreme Court ruled that the second amendment protected the use of handguns in the home for self-defense from federal infringement. That's it.
Later, the court ruled in McDonald v. Chicago, 561 U.S. 742 (2010) that it also protected the right against state infringement.
So the 4th U.S. Circuit Court of Appeals is correct that the guns banned under Maryland's law aren't protected by the Second Amendment. That doesn't mean those guns are illegal -- just that the second amendment doesn't protect them.
The District of Columbia v. Heller, 554 U.S. 570 (2008) court DECISION was very narrow. It applied to the case at hand, and did NOT change our Constitution .
The U.S. Supreme Court ISSUED AN OPINION that the second amendment protected the use of handguns in the home for self-defense from infringements ----- So that's NOT "it." It did not change anything --- constitutionally speaking.
Later, the court also decided in McDonald v. Chicago, 561 U.S. 742 (2010) that it also protected the right against state infringement. --- States have never had the power to infringe on the 2nd.
So the 4th U.S. Circuit Court of Appeals is NOT correct that the guns banned under Maryland's law aren't protected by the Second Amendment.
The Maryland decision doesn't mean those guns are illegal -- just that the Appeals Court is trying to say that second amendment doesn't protect them. -- Which will eventually be overruled by the SCOTUS...