This case is about whether the Act’s general prohibition on the sale and possession of certain “assault weapons,” are unconstitutional under the Second Amendment.
An en banc federal appeals court upheld Maryland’s ban on assault-style weapons in a 10-5 decision Tuesday.
The 4th U.S. Circuit Court of Appeals in Richmond, Virginia, ruled that military-style weapons are not shielded by the Second Amendment as they are intended for prolonged combat scenarios and do not align with the requirements for self-defense.
– Define self defense and what is one defending, a home, a family. a city, a nation and against whom, a single person, a mob, an invasion? –
Judge J. Harvie Wilkinson III authored the majority opinion, with the support of eight other justices, while a tenth justice expressed agreement with the outcome.
The 4th Circuit previously upheld the Maryland law in a 2017 decision, but the U.S. Supreme Court rejected part of the appeals court’s approach when it ruled in a different 2022 case, New York State Rifle & Pistol Association Inc. v. Bruen, according to the appeals court.
In the new decision, Wilkinson concluded that the 2013 Maryland law
“fits comfortably within our nation’s tradition of firearms regulation.”
The Fourth Circuit ruled in favor of the state, agreeing that AR-15-style weapons are military-style firearms that are not protected by the Second Amendment
even though the second amendment states
“A well regulated Militia, being necessary to the security of a free State, the
right of the people to keep and bear Arms , shall not be infringed.”
Maryland enacted its assault weapons ban in 2013 after a shooter used a semi-automatic rifle in the 2012 mass killing of 20 children and six adults at Sandy Hook Elementary School in Newtown, Connecticut.
The 2013 law is an example of states regulating “excessively dangerous weapons” when their “incompatibility with a lawful and safe society becomes apparent,” he wrote.
In his dissent, Judge Julius N. Richardson said 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.” His dissent was joined by four other judges.
Read more here
What’s going on out there…
- Colorado clerk urges Supreme Court to block trial over voting machine password leak
Former Mesa County clerk-recorder Tina Peters claims she has constitutional immunity from prosecution by “hostile state actors.” - Montana Supreme Court finds parental consent law unconstitutional
Montana minors have a right to make reproductive health care decisions privately, without parental interference, the justices ruled. - No bonus for growing weed
A marijuana farm worker cannot win his breach-of-contract suit over a $100,000 bonus he says he’s owed for achieving a “healthy harvest of 1,400 pounds of dry cannabis crop.” The contract is void and unenforceable because “manufacturing” marijuana is a federal crime. - Matthew Perry’s assistant among 5 people, including 2 doctors, charged in ‘Friends’ star’s death
Legal Counsel and Your Rights
When facing legal challenges, particularly in criminal cases, it is advisable to seek legal counsel immediately.
An experienced attorney can provide guidance on how to navigate interactions with law enforcement while safeguarding your constitutional rights.
Since 1993 our expert legal defense in navigating criminal law matters and protecting your constitutional rights are what we eat for breakfast everyday.
Contact Komorn Law PLLC if you’re ready to fight and win.
Research us and then call us.
More Rights You Should Know
![SCOTUS – Justices uphold laws targeting homelessness](https://komornlaw.com/wp-content/uploads/2024/08/No-Blanket-No-Problem.jpg)
SCOTUS – Justices uphold laws targeting homelessness
Does not amount to “cruel and unusual punishment” under the Eighth Amendment The Supreme Court has affirmed the validity of ordinances in a southwest Oregon city that restrict individuals experiencing homelessness from utilizing blankets, pillows, or cardboard boxes...
![SCOTUS Decision Gives Starbucks a Win in Labor Dispute](https://komornlaw.com/wp-content/uploads/2018/12/US-Supreme-Court-Building.jpg)
SCOTUS Decision Gives Starbucks a Win in Labor Dispute
The decision underscored the principle that only activities that are essential and directly related to an employee's primary job responsibilities are subject to compensation. In a recent decision by the Supreme Court of the United States (SCOTUS), Starbucks received a...
Other Articles
Michigan Supreme Court restores wage and sick leave laws
Citizen-initiated proposals aimed at increasing the minimum wage and expanding paid sick leave In a significant ruling, the Michigan Supreme Court has reinstated the original minimum wage and paid sick leave laws that were initially gutted by the legislature in 2018....
SCOTUS Decision Gives Starbucks a Win in Labor Dispute
The decision underscored the principle that only activities that are essential and directly related to an employee's primary job responsibilities are subject to compensation. In a recent decision by the Supreme Court of the United States (SCOTUS), Starbucks received a...
People v. Bosworth – A Murder Conviction and Its Aftermath
Michigan Court of Appeals: People v. Bosworth The case took a dark turn during the early hours of August 3, 2020. Background and Basic Facts On June 15, 2020, Aquae Keyes was tragically murdered. Jakari Robinson, initially arrested for the murder, was later released...
Cannabis workers claimed employer violated labor laws
Allegedly had to put on company-issued personal protective equipment (“PPE”) (such as masks, hair nets, arm sleeves, gloves, scrubs, and protective shoes) before clocking in Close to 1.2 milion settlement for 134 cannabis workers alleging wage violations under federal...
The MSP is Concerned About Your Privacy (Firearms)
Is the Michigan State Police really concerned about your DNA / biometric privacy?Here's what they say on their websiteThe Michigan State Police (MSP) is committed to protecting the privacy of your potentially personally identifiable data (PPID) in a strong and...
Michigan Supreme Court – Forfeiture of 2006 Saturn ION
FORFEITURE OF 2006 SATURN IONMichigan Supreme Court Ruling - July 25, 2025 The Michigan Supreme Court has ruled that Detroit police can no longer seize cars through civil asset forfeiture unless they can demonstrate that the vehicle was used for drug trafficking.The...
The MSP is Concerned About Your Privacy (Vehicle Information)
Is the Michigan State Police really concerned about your Driver License and Motor Vehicle Information privacy?Here's what they say on their websiteThe Michigan State Police (MSP) is committed to protecting the privacy of your potentially personally identifiable data...
The MSP is Concerned About Your Privacy (Biometric Information)
Is the Michigan State Police really concerned about your DNA / biometric privacy?Here's what they say on their websiteThe Michigan State Police (MSP) is committed to protecting the privacy of your potentially personally identifiable data (PPID) in a strong and...