The state of Maryland is as anti-gun as you can get and their courts are happy to ignore the Constitution and give deference to the liberal gun grabbers in their state. Now, with the help of the NRA some Maryland citizens have appealed an appeals court ruling and are asking the Supreme Court to step in and defend their right to bear arms.
In the case Kolbe v. Hogan the 4th Circuit court said that certain rifles were “particularly designed and most suitable for military and law enforcement applications.” So, the court reasoned, “because the banned assault weapons and large-capacity magazines are clearly most useful in military service, we are compelled by Heller to recognize that those weapons and magazines are not constitutionally protected.”
The plain reading of their opinion would ban every rifle that the state says is not suitable for civilian use, and that is unconscionable and unconstitutional. The NRA argues that the 4th Circuit’s decision stands in direct opposition to a recent Supreme Court hearing that overturned Washington, D.C.’s over-strict gun ban.
“Lower courts have been making up their own rules when it comes to the Second Amendment for too long, and the Kolbe decision crossed yet another line,” said Chris W. Cox, executive director, National Rifle Association Institute for Legislative Action. “The Second Amendment guarantees an individual right to keep and bear arms for self-defense. The popular rifles and standard magazines banned in Maryland are some of the best tools for self-defense. We are hopeful that the Supreme Court will reverse this egregious decision.”
In February, the 4th Circuit Court of Appeals ruled the Second Amendment does not protect the most popular rifles in the country – including AR-15s – as well as all standard capacity detachable magazines that hold more than 10 rounds.
The petition asks the Supreme Court to confirm that its ruling in District of Columbia v. Heller protects the most popular semiautomatic rifles and magazines.
By holding that the Second Amendment does not apply to common firearms and magazines, the 4th Circuit has gone further than any other court in attacking Second Amendment freedoms.
“Maryland’s ban on commonly owned rifles and magazines is unconstitutional. The National Rifle Association will continue to fight for all Americans’ Second Amendment rights.”
The Supreme Court must overturn the 4th Circuit’s ridiculous assault on Constitutional liberty in Maryland.