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Federal Appeals Court Upholds Maryland 'Assault Weapons' Ban

Gun rights groups considering appeal

ar-15
AP
February 23, 2017

A federal appeals court ruled in favor of Maryland's "assault weapons" and "high capacity" magazine ban on Tuesday.

The U.S. Court of Appeals for the Fourth Circuit ruled 10-4 to uphold Maryland's ban on certain semi-automatic rifles and ammunition magazines that hold more than 10 rounds. Writing for the majority, Judge Robert B. King said that because the rifles in question have been used in high-profile shootings and are "like" military weapons they are not protected by the Second Amendment.

"Both before and after Newtown, similar military-style rifles and detachable magazines have been used to perpetrate mass shootings in places whose names have become synonymous with the slaughters that occurred there," he wrote in the opinion. "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 singled out as being beyond the Second Amendment's reach."

The standard employed by the Fourth Circuit is a departure from that used in the Supreme Court's landmark Heller decision that affirmed an individual's right to keep and bear arms. Instead of using Heller's test of whether a firearm is in "common use" combined with whether it is "dangerous and unusual," the Fourth Circuit focused on whether or not a firearm is "most useful in military service."

The National Shooting Sports Foundation, one of the plaintiffs in the case, called the court's description of the AR-15 an "unfortunate mischaracterization" and said it is considering appealing the case further.

"We strongly disagree with the court's unfortunate mischaracterization of the most popular rifles that have been sold for many years to law-abiding Americans for such perfectly lawful uses as target shooting, personal protection, and hunting," Lawrence Keane, the group's general counsel, said. "We are currently reviewing the decision and evaluating all legal options."

The National Rifle Association, which filed a brief in opposition to Maryland's ban, took it a step further by describing the court's logic as "absurd."

"This case flips Heller on its head. It is absurd to hold that the most popular rifle in America is not a protected 'arm' under the Second Amendment," Jennifer Baker, director of public affairs for the gun rights group's lobbying arm, said. "The majority opinion in Kolbe v. Hogan 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 Brady Center to Prevent Gun Violence, which submitted a brief supporting Maryland's ban, did not respond to a request for comment.

Published under: Guns