Opinion
Case Of The Week ~ Bianchi v. Frosh
The Second Amendment Foundation and Citizens Committee for the Right to Keep and Bear Arms have petitioned the U.S. Supreme Court to grant certiorari in their continuing challenge of Maryland’s ban on so-called “assault weapons.”
The Second Amendment Foundation and Citizens Committee for the Right to Keep and Bear Arms have once again petitioned the U.S. Supreme Court to grant certiorari in their continuing challenge of Maryland’s ban on so-called “assault weapons.”
SAF and CCRKBA are joined in this petition by the Firearms Policy Coalition, Field Traders, LLC, and three private citizens, David Snope, Micah Schaefer and Dominic Bianchi, for whom the case is titled. The case is known as Bianchi v. Frosh. The Supreme Court in late June 2022 granted certiorari in the case, and vacated the earlier ruling by a lower federal court and then remanded the case back to the Fourth Circuit for further action based on guidelines established in the 2022 Bruen ruling.
Since being remanded, the case was fully briefed and argued before a three-judge panel for the Fourth Circuit. Inexplicably, over a year after argument was held and with no panel opinion issued, the Fourth Circuit sua sponte elected to hear the case en banc, further delaying the exercise of a fundamental right and seemingly to prevent publication of an opinion that favors the plaintiffs. Seeking certiorari before judgment is an extraordinary remedy reserved for cases of imperative public importance.
“It is clear to us this case must be decided by the Supreme Court,” said SAF founder and Executive Vice President Alan M. Gottlieb. “The type of modern semiautomatic rifle banned in Maryland is in common use across the country, and is the most popular rifle in America. Yet, the Fourth Circuit and other courts of appeals have strained credulity to uphold such bans in the wake of the high court’s ruling in Bruen. This issue must be resolved.”
“The Fourth Circuit’s decision to hear this case en banc, over a year after it was argued before a panel and with no published opinion, seems to imply the court desired to take this case from a panel with which it disagreed,” noted SAF Executive Director Adam Kraut. “The unconstitutionality of Maryland’s Assault Weapons Ban has been apparent since it was passed into law, as Heller already provided the proper analysis, which the Fourth Circuit previously ignored to shield the law from a swift death. Intervention from the Supreme Court is necessary to restore order and force the lower courts to properly address this issue in a timely manner, as each day the Plaintiffs rights are being infringed upon.”
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Second Amendment Foundation
The Second Amendment Foundation (www.saf.org) is the nation’s oldest and largest tax-exempt education, research, publishing and legal action group focusing on the Constitutional right and heritage to privately own and possess firearms. Founded in 1974, The Foundation has grown to more than 720,000 members and supporters and conducts many programs designed to better inform the public about the consequences of gun control.
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