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Thursday, February 04, 2016

Appeals Court Orders Judge To Reconsider Ruling Upholding Assault Weapons Ban

A federal appeals court has ordered a judge to reconsider her decision upholding Maryland's assault weapons ban.

A three-judge panel of the 4th U.S. Circuit Court of Appeals said Thursday that the law implicates the Second Amendment's core protection of citizens' right to use firearms to defend their homes.

Maryland lawmakers passed the sweeping Firearms Safety Act after the 2012 Sandy Hook Elementary School massacre. Gun-rights advocates challenged the provision banning 45 assault weapons, and the 10-round limit on gun magazines.

The appeals court ruled that U.S. District Judge Catherine Blake applied the wrong judicial standard when she upheld the provision. The court sent the case back and told Blake to apply a higher standard of review that essentially makes it harder to prove the law passes constitutional muster.

Maryland Attorney General Brian Frosh, who as a state senator co-sponsored the act, issued the following statement on today's decision:

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2 comments:

Anonymous said...

Before this ban on "assault weapons",you know the scary black ones that just walked around all by themselves shooting people, I didn't hear of them being involved in any Maryland crimes. High capacity mag bans are joke too! Handguns are the mostly used weapon in gun crimes and most of them are stolen, not purchased legally! The hand gun qualification license is a crock of chicken $#@%! It is nothing but a money making scheme for the state to get law abiding citizen's fingerprints on file and is nothing but an extra background check. The whole Maryland gun safety act of 2013 is a bunch of feel good, knee jerk legislation in a Libtard state led by the 0% receiving support, furniture thief O'Malley! Keep up the good work in Annapolis you mouth breathing morons. Hogan isn't much different I see since he didn't do anything to make CC permits any easier like he promised!

Anonymous said...

They had 2 bills in play for just that very thing 12:04 AM

But like you, it has gone no where and I am not even sure it ever will...

Like I said, your vote does not count, and hasn't for a long time... I keep telling you over and over and over again, that these people just tell you what you want to hear at the time they need you to hear it for a vote... You vote, then the guy you vote for does the opposite of what they said, geee happens every year and you people can;t even remember that, but you can remember what color shirt you had on in the '70s...