This is huge. In a landmark ruling, a court of appeals recognized that the right to bear arms is a fundamental right, striking down an overzealous firearms law. As Reason notes:
Yesterday a federal appeals court cast doubt on the constitutionality of Maryland’s “assault weapon” ban, concluding that the law imposes a “substantial burden” on the exercise of the right to keep and bear arms and should therefore be subject to “strict scrutiny.” The decision, by a three-judge panel of the U.S. Court of Appeals for the 4th Circuit, sends the case back to U.S. District Court in Baltimore for consideration under that highly demanding standard. Since at least two other appeals courts have upheld bans on “assault weapons,” the ruling creates a circuit split that may lead the Supreme Court to step in and resolve the issue.
Maryland’s Firearm Safety Act (FSA), passed after the 2012 massacre at Sandy Hook Elementary School in Newtown, Connecticut, bans possession, sale, or transfer of 60 specific rifle and shotgun models, along with “copies” of them, a term the statute does not define. The prohibited weapons include the highly popular AR-15 rifle “and all imitations” of it as well as semi-automatic versions of the AK-47. The upshot, writes Chief Judge William B. Traxler on behalf of himself and Judge G. Steven Agee, is that the law “bans law-abiding citizens, with the exception of retired law enforcement officers, from possessing the vast majority of semi-automatic rifles commonly kept by several million American citizens for defending their families and homes and other lawful purposes.” The FSA also bans the sale of magazines that can hold more than 10 rounds.
The 4th Circuit finds that the FSA “implicates the core protection of the Second Amendment—’the right of law-abiding responsible citizens to use arms in defense of hearth and home.'” In light of the Supreme Court’s precedents in this area, the court says, “the burden is substantial and strict scrutiny is the applicable standard of review.” Under strict scrutiny, the government must show that a challenged regulation is “narrowly tailored” to achieve a “compelling governmental interest,” a test that is all but impossible to pass. It is hard to imagine how a law as frivolous as an “assault weapon” ban could survive strict scrutiny.
This is huge. In previous cases upholding the Second Amendment, courts have declined to assign a standard of review to the Second Amendment. In applying the strict scrutiny standard, the court is saying that the government must prove that the law serves a “compelling state interest” and that the law must be necessary to that interest, meaning that it’s narrowly tailored and that there is no other less restrictive alternative to further that interest.” What that means is that this will make it incredibly difficult for government busybodies to come and take the guns of law abiding American citizens.
It’s a great day to be an American.
AAN Staff
The staff at American Action News are consummate professionals, who when not producing original, hard-hitting content, are scouring the internet to bring you the unfiltered news that matters to you! Our mission is to maximize your experience on our website. If we can ever be of assistance, please do not hesitate to let us know!
