Maryland -(AmmoLand.com)- On February 4, 2016, the 4th Circuit Court of Appeals issued its decision.
In a divided decision with Chief Judge Traxler and Judge Agee in the majority (Judge King dissented from this portion) the court first vacated the District Court’s decision upholding the AWB and the magazine limit, holding that these provisions were subject to strict scrutiny under the Second Amendment. Since the District Court had applied a much less demanding level of intermediate scrutiny, the 4th Circuit remanded the case to the District court for application of strict scrutiny in further proceedings. The case is thus not over.
However, the strict scrutiny standard ruling will make it much more difficult for the State to prevail on remand. The State will have to show not only a compelling interest in public safety. Rather, as the court explained, strict scrutiny “requires the Government to prove that the restriction furthers a compelling interest and is narrowly tailored to achieve that interest” and that [t]o be narrowly tailored, the law must employ the least restrictive means to achieve the compelling government interest.” Opinion page 34, citing United States v. …Read the Rest