By Bob Owens
Maryland Attorney General Brian Frosh loves gun control. Because of that, he’s terrified of a three-judge panel’s ruling in Kolbe v. Maryland.
The panel said that since Maryland’s Firearm Safety Act (an “assault weapon” ban combined with magazine restrictions) impacts a core constitutional right, and therefore much be judged by strict scrutiny, instead of intermediate scrutiny.
Frosh and other gun control supporters are well aware that few, if any gun control laws hold up under strict scrutiny.
Predictably, he’s appealing for the case to be-heard by the entire court.
Attorney General Brian Frosh announced Friday the state has asked the entire 4th U.S. Circuit Court of Appeals in Richmond, Virginia, to hear the case.
Frosh is asking for the rehearing so that the full court weighs in on how Maryland’s ban on assault-style weapons and high-capacity magazines should be analyzed for constitutionality.
A federal judge in Baltimore ruled the assault weapons ban should be reviewed using a constitutional test that allows for laws that protect important public interests such as health and safety. But a divided three-judge panel determined in a 2-1 decision that the ban should face the strictest level of constitutional review.
The Fourth Circuit isn’t known for being a court prone …Read the Rest
Source:: Bearing Arms