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Thursday, July 27, 2017

MARYLAND’S ASSAULT WEAPON BAN APPEALED TO SUPREME COURT


A group of Maryland residents – with the help of the National Rifle Association and other 2nd Amendment organizations – formally filed a petition to the United States Supreme Court in an attempt to defeat the state’s assault weapon ban.

This year, the 4th Circuit Court of Appeals voted 10-4 in Kolbe v. Hogan that the State of Maryland was within its rights to ban certain types of firearms that the legislature defined as an “assault weapons.” The plaintiffs are now asking the Supreme Court to review the 4th Circuit’s decision on Maryland’s assault weapon ban.

The fundamental question posed by the NRA-backed lawsuit is whether Maryland can legally and constitutionally ban entire classes of firearms that are “in common use at the time.” This language is important because it is directly drawn from the Supreme Court’s 2008 case, District of Columbia v. Heller. In that case, the Supreme Court ruled that the 2nd Amendment protects an individual right to own firearms for self-defense, especially if those firearms are “in common use at the time.”

The plaintiffs argue that the AR-15 is, by the numbers, the most popular rifle in America. The rifle is the semi-automatic (one shot per pull of the trigger) version of the U.S. Military’s M-16 or M4 assault rifles and it is estimated that at least five million Americans have an AR-15 in their gun safes. The lawsuit points to these statistics and asks how a type of rifle that is legally owned by so many Americans would not qualify as “in common use at the time.”

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6 comments:

Anonymous said...

Cannot wait for this interesting decision to see if the Supreme Court will reword their decision / reverse their decision or rule against Maryland. O'Malley, Miller and Busch the great DemocRATs of Maryland's dictatorship governing body.

Anonymous said...

That is becasue these people don't care about rights, and want to keep you as slaves... You all should know by now, that they will say one thing one day to get one thing passed, then when you try to get something passed or removed, they go with something entirely different...

The when the dems use certain tactics on the repubs, then the repubs try to do the same, then it becomes wrong or illegal or they try to stop it...

Anonymous said...

10:20 AM you know damn well, the supreme court won't even hear the case, and if they do, IF they do, they will side with the lower courts, always do in gun cases...

Anonymous said...

Comrades, this is not the way this should be done. Here in the Republic of Maryland, you need to think of all people, this will not be good for all of the people or members of the party.
These troublemakers will need to be sent to a "Re-education camp".
Free thinking, and gun ownership do not go together in this country.
Long live Stalin, and may he bless the wonderful Republic of Maryland!

Anonymous said...

Good Luck with this "DO NOTHING GOVERNMENT!"

bayman said...

Those idiots are still calling them assault weapons. It is nothing more than a rifle. Plain and simple.