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Appeals Court Upholds Maryland’s Ban On Assault-Style Weapons

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On Tuesday, a federal appeals court affirmed the continuation of Maryland's long-standing prohibition on military-style firearms, often known as assault weapons, The Associated Press reports. A majority of 4th U.S. Circuit Court of Appeals judges rejected gun rights groups’ arguments that Maryland’s 2013 law is unconstitutional under the Second Amendment. The U.S. Supreme Court declined to review this case in May when the full 4th Circuit was still considering it. Maryland officials argued the Supreme Court should defer to the lower court before taking any action, but the plaintiffs said the appeals court was taking too long to rule. Maryland passed the sweeping gun-control measure after a 20-year-old gunman killed 20 children and six adults at Sandy Hook Elementary School in Connecticut in 2012. It bans dozens of firearms — including the AR-15, the AK-47 and the Barrett .50-caliber sniper rifle — and puts a 10-round limit on gun magazines. The Firearms Policy Coalition Inc., one of the plaintiffs challenging Maryland’s law, said it would again ask the Supreme Court to review the case.


The 4th Circuit’s full roster of judges agreed to consider the case after a three-judge panel heard oral arguments but hadn’t yet issued a ruling. The weapons banned by Maryland’s law fall outside Second Amendment protection because they are essentially military-style weapons “designed for sustained combat operations that are ill-suited and disproportionate to the need for self-defense,” Judge J. Harvie Wilkinson III wrote in the court’s majority opinion.“Moreover, the Maryland law fits comfortably within our nation’s tradition of firearms regulation,” Wilkinson wrote. “It is but another example of a state regulating excessively dangerous weapons once their incompatibility with a lawful and safe society becomes apparent, while nonetheless preserving avenues for armed self-defense.” Eight other 4th Circuit judges joined Wilkinson’s majority opinion. Five other judges from the Virginia-based appeals court joined in a dissenting opinion. The law’s opponents argue it’s unconstitutional because such weapons are already in common use. Maryland Attorney General Anthony Brown praised the court’s decision. “The Court’s decision today will save lives,” Brown said. “Access to weapons of war that have no place in our communities causes senseless and preventable deaths.”

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