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Gun-rights advocates will appeal Maryland’s ban on assault-style weapons

Gun-rights advocates will appeal a federal judge’s decision upholding a Maryland state law banning certain assault-style weapons and ammunition magazines.

The Maryland Licensed Firearms Dealers Association Inc. and other plaintiffs filed a Notice of Appeal with the U.S. District Court in Baltimore, stating they will take their challenge to the 4th U.S. Circuit Court of Appeals.

The plaintiffs are challenging on Second Amendment grounds U.S. District Judge Catherine C. Blake’s Aug. 12 decision that the ban passes constitutional muster because it is “reasonably adapted to [the] substantial government interest” in ensuring public safety.

The Firearm Safety Act of 2013 bans 45 types of assault-style weapons as well as magazines that can hold more than 10 rounds.

The other plaintiffs include the Associated Gun Clubs of Baltimore Inc., Maryland Shall Issue Inc. and the National Shooting Sports Foundation Inc. They are represented by attorneys John P. Sweeney and T. Sky Woodward of Bradley Arant Boult Cummings LLP in Washington.

 

About Steve Lash

Steve Lash covers federal and Maryland appellate courts and the General Assembly’s judiciary committees for The Daily Record. He joined the newspaper in 2008 after spending nearly 20 years covering the U.S. Supreme Court and legal affairs for several publications, including the Houston Chronicle, Cox Newspapers, Chicago Daily Law Bulletin and West’s Legal News. Lash, a graduate of American University’s Washington College of Law, is a member of the U.S. Supreme Court and Maryland bars.

2 comments

  1. Good for them. The judges comments on her ‘decision’ were so idiotic and ridiculous that this simply had to be appealed.

  2. What courts in the 2nd, 3rd and 4th U.S. circuits reticently ignore is the U.S. v. Miller (1939) decision, which held that the short shotgun at issue was not protected by the 2nd Amendment because there was no evidence presented before the Court that short shotguns were in common use or that they had some reasonable relationship to the preservation or efficiency of a militia.

    In doing so, the Court defined what types of arms ARE protected; arms in common use that have military utility.

    The banned firearms in Maryland, New Jersey and New York meet both prongs of this test, therefore ownership and possession of these weapons IS protected by the 2nd Amendment. That is just a fact.

    It’s black-and-white judicial precedent. The unethical ways courts in these circuits circumvent the obvious smacks of ideological judicial activism.

    And that’s no way to run a railroad.

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