Maryland passed a law that banned semiautomatic rifles and detachable ammunition magazines that hold more than 10 rounds. The law is supposed to target assault rifles, but there are two major flaws that no one seems to be considering. First of all, the term ‘assault rifle’ is an ambiguous fallacy. They should mean ‘assault-style’ rifles, which is what they are targeting.
Secondly, the majority of semiautomatic rifles are NOT assault-style rifles. My dad used a semi-automatic 30.06 rifle for hunting and it only held 1 shell in the chamber and 3 in a small clip. Under the Maryland law, such a hunting rifle could be deemed illegal.
The Maryland law has been legally challenged in the case of Kolbe v. Hogan. The Maryland law was upheld by the Fourth Circuit Court of Appeals and is now on the docket of cases to be considered by the US Supreme Court.
When the Supreme Court meets later today to discuss pending petitions for review, the justices’ conference calendar will include a pivotal Second Amendment case: Kolbe v. Hogan.
In Kolbe v. Hogan, the full Fourth Circuit Court of Appeals upheld Maryland’s ban of semiautomatic rifles and detachable ammunition magazines that exceed ten rounds. In doing so, the Fourth Circuit became the fourth federal appellate court to uphold the constitutionality of a ban on “assault” weapons and large-capacity magazines. The Second, Seventh, and District of Columbia circuits have previously upheld similar bans, and, to date, the Supreme Court has refused to enter the fray.
But Kolbe v. Hogan will likely force the justices’ hand. Here’s why.
Three Different Standards for Constitutionality
While the four circuit courts that have considered the constitutionality of bans on “assault” weapons and large-capacity magazines have all upheld the gun-control legislation, in doing so they have adopted three different standards for judging the constitutionality of the laws under the Second Amendment and the Supreme Court’s Heller decision…
If the Supreme Court refuses to hear the case, then Maryland wins and gun owners will lose. If the Supreme Court hears the case, that means there is a chance the Maryland law could be overturned. Regardless of what happens, this will be used as an important precedent for many other gun control and gun rights cases.