Circuit Court of Appeals Rules in Favor of MD Assault Weapons Ban

By Beth Baumann

On Tuesday, the Fourth Circuit Court of Appeals upheld Maryland’s assault weapons ban, declaring these firearms “weapons of war.” In a 10-4 decision, the court ruled that the state’s Firearm Safety Act of 2013 (FSA) does not violate Marylanders Second Amendment rights.

“Put simply, we have no power to extend Second Amendment protection to the weapons of war,” Judge Robert King wrote, referring to the “military-style rifles” that were also used during mass shootings in Aurora, Colorado, San Bernardino, California, and Orlando, Florida.

Their decision overturned a decision made last year that said the FSA puts a burden on people’s ability to bear arms.

“We conclude — contrary to the now-vacated decision of our prior panel — that the banned assault weapons and large-capacity magazines are not protected by the Second Amendment,” wrote Judge Robert B. King for the majority.

King fell back on language in the 2008 Heller decision by the Supreme Court that kept Washington, D.C.’s assault weapon ban in place.

“That is, we are convinced that the banned assault weapons and large-capacity magazines are among those arms that are ‘like’ ‘M-16 rifles’ ‘weapons that are most useful in military service’– which the Heller Court …Read the Rest

Source:: Bearing Arms