Breaking News

Federal Appeals Court Agrees, Assault Weapons Not Protected by Second Amendment
Download PDF
1 Star2 Stars3 Stars4 Stars5 Stars (No Ratings Yet)
Loading...

AR-15

Summary: A federal appeals court upheld a lower ruling that the listed assault weapons and ammunition magazine limits of a Maryland ban are not protected under the constitution.

The 4th U.S. Circuit Court of Appeals in Richmond, Virginia ruled 10-4 that the Maryland law banning assault weapons are not protected by the Second Amendment. The ban lists 45 assault weapons and 10-round limits of gun magazines.

  
What
Where


Judge Robert King wrote, “Put simply, we have no power to extend Second Amendment protections to weapons of war.” He noted the Supreme Court’s decision in District of Columbia v. Heller excludes such coverage.

The ban was led by the state’s Attorney General Brian Fosh in 2013. He said, “It’s unthinkable that these weapons of war, weapons that caused the carnage in Newton 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.”

Judge William Traxler was one of the judges to dissent. He wrote, the majority “has gone to greater lengths than any other court to eviscerate the constitutionally guaranteed right to keep and bear arms.” He continued, “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.”

Get JD Journal in Your Mail

Subscribe to our FREE daily news alerts and get the latest updates on the most happening events in the legal, business, and celebrity world. You also get your daily dose of humor and entertainment!!




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.” Baker continued, 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 that there are up to 10 million AR-15s in circulation lawfully in the United States.

Executive director of Marylanders to Prevent Gun Violence, Elizabeth Banach, said the decision is “overwhelming proof that reasonable measures to prevent gun violence are constitutional. Maryland’s law needs to become a national model of evidence-based policies that will reduce gun violence.”



Do you think assault weapons are constitutional? Tell us in the comments below.

To learn more about mass shootings, read these articles:

Photo: commons.wikimedia.org



 

Interesting Legal Sites You May Like


BCG FEATURED JOB

Locations:

Keyword:



Search Now

Corporate, Mergers and Acquisitions and Securities Associate Attorney

USA-NY-New York City

New York City office of our client seeks corporate, mergers and acquisitions and securities associat...

Apply Now

Business Litigation Attorney

USA-CA-Santa Monica

Santa Monica office of our client seeks business litigation attorney with 1-3 years of experience. T...

Apply Now

Intellectual Property Litigation / Enforcement Associate Attorney

USA-CA-San Francisco

San Francisco office of our client seeks intellectual property litigation / enforcement associate at...

Apply Now

Union-Side Labor Law and Employee Benefits Associate Attorney

USA-HI-Honolulu

Honolulu office of our client seeks union-side labor law and employee benefits associate attorney wi...

Apply Now

RELEVANT JOBS

Associate - Mid-Level - GL Group

USA-NY-Valhalla

Defense firm seeking mid-level associate for Westchester office to fill General Liability position. ...

Apply now

Mortgage Compliance Analyst

USA-MN-Minnetonka

Job Description: Rubicon Mortgage Advisors LLC, a locally-owned, boutique mortgage lender is seeki...

Apply now

Litigation Legal Assistant

USA-CA-Los Angeles

Qualifications: Candidate should have 2+ years of previous experience supporting multiple atto...

Apply now

Litigation Legal Assistant (10+ Years Experience)

USA-CA-Los Angeles

Qualifications: Candidate should have 10+ years of previous experience supporting multiple att...

Apply now

SEARCH IN ARCHIVE

To Top