Uh oh, Second Amendment gun humpers are gonna be really mad tonight when they see that their precious assault weapons are not protected under the Second Amendment. You know, those guns that AR-15's and similar military-style rifles and detachable magazines are no longer protected. Just a reminder, those types are weapons were used in the majority of domestic terrorism - Sandy Hook, Pulse nightclub, Virginia Tech, Fort Hood, Tucson, Aurora, San Bernardino, etc....
Some history - Maryland had banned 45 different assault weapons and limited gun magazines to 10 rounds total. This was met with strong resistance from the gun lobby. It was appealed to Federal Court where a ruling was handed down today in the 4th district in a 10-4 ruling agreeing with Maryland's ruling that these types of guns are not protected under the Second Amendment.
Score one for gunsense.
The Washington Post reports that Judge Robert King stated in the ruling:
“Put simply, we have no power to extend Second Amendment protections to weapons of war.”
The Maryland AG who pushed for this law back in 2013 responded to the ruling by saying that it's “unthinkable that these weapons of war, weapons that caused the carnage in Newtown and in other communities across the country, would be protected by the Second Amendment. It’s a very strong opinion, and it has national significance, both because it’s en-banc and for the strength of its decision."
One of the dissenting judges, Judge William Traxler, disagreed, stating that:
The majority have "gone to greater lengths than any other court to eviscerate the constitutionally guaranteed right to keep and bear arms. For a law-abiding citizen who, for whatever reason, chooses to protect his home with a semi-automatic rifle instead of a semi-automatic handgun, Maryland’s law clearly imposes a significant burden on the exercise of the right to arm oneself at home, and it should at least be subject to strict scrutiny review before it is allowed to stand."
The NRA was not happy. Waa waa. Their spokeswoman, Jennifer Baker, released this statement: “It is absurd to hold that the most popular rifle in America is not a protected ‘arm’ under the Second Amendment. This majority opinion clearly ignores the Supreme Court’s guidance from District of Columbia v. Heller that the Second Amendment protects arms that are ‘in common use at the time for lawful purposes like self-defense.’”
I am sure they will appeal. And knowing how many in Congress are in the NRA's pocket, this ruling may not stand for long if it makes it to SCOTUS.
Here is the entire opinion, for those that wish to read it in full.
