4th Circuit Defies Supreme Court, Upholds AR15 Rifle Ban in MD, Gun Owners File Petition for Cert

iStock FabrikaCr

The Second Amendment Foundation (SAF) has announced they will seek Supreme Court review in Bianchi v. Wilkinson, SAF’s challenge to Maryland’s assault weapons ban, after the Fourth Circuit Court of Appeals upheld the law.

“Today’s decision from the 4th Circuit is unsurprising given their prior decision in Kolbe,” said SAF Executive Director Adam Kraut. “We believe, much like in Kolbe, the court’s analysis is flawed and that the challenged law is unconstitutional. We will be filing a petition for certiorari at the Supreme Court, as this case presents an excellent vehicle for the Court to settle this debate once and for all.”

In the 65-page opinion, judges for the majority wrote:

“The assault weapons [refering to the common AR15 rifle] at issue fall outside the ambit of protection offered by the Second Amendment because, in essence, they are military-style weapons designed for sustained combat operations that are ill-suited and disproportionate to the need for self-defense.” Chief Judge Diaz drafted a concurring opinion, with five other judges joining.

Judge Richardson drafted a dissenting opinion, with four other judges joining, stating:

“The Second Amendment is not a second-class right subject to the whimsical discretion of federal judges. Its mandate is absolute and, applied here, unequivocal…In holding otherwise, the majority grants states historically unprecedented leeway to trammel the constitutional liberties of their citizens.”

Joining SAF in the case are the Citizens Committee for the Right to Keep and Bear Arms, Field Traders, LLC., and three private citizens, David Snope, Micah Schaefer and Dominic Bianchi, for whom the case is named.

“The court relied heavily on the distinction between ‘military style’ arms and those appropriate for self-defense use,” said SAF founder and Executive Vice President Alan M. Gottlieb. “This distinction runs completely contrary to the mandates of Heller and Bruen, and now sets the stage for another petition for SCOTUS review of the case.”

For more information, visit saf.org.

Live Inventory Price Checker

	ANDERSON MANUFACTURING Anderson/BCA AR-15 Heavy Barrel, MLOK, Side Charger, Mag, Zipped Soft Case	Guns.com	$ 649.99
	Anderson Manufacturing Ar-15 Stripped Lower Receiver	Brownells.com	$ 55.99
	ANDERSON AM-15 Multi-Caliber AR15 Stripped Lower Receiver w/ Open Trigger - Black	KYGUNCO	$ 52.64
	Galco Inside The Waistband Magazine Carrier Anderson MFG KIGER 9C Anderson MFG KIGER 9C PRO no red dot Anderson MFG KIGER 9C PRO w/wo red dot AREX	Optics Planet	$ 77.00 $ 50.09

---

The Second Amendment Foundation (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, SAF 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.

from https://ift.tt/gXkvc0r
via IFTTT