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Fourth Circuit Requires “Strict Scrutiny” for Maryland Gun and Magazine Ban

Friday, February 5, 2016

Fourth Circuit Requires “Strict Scrutiny” for Maryland Gun and Magazine Ban

It hasn’t been a good week for Martin O’Malley, former governor of Maryland, would-be contender for President of the United States, and staunch gun control advocate.

As we report elsewhere, O’Malley was finally forced to drop out of the Democratic primary on Tuesday after failing to garner even a single delegate at the Iowa Caucus.

Then, on Thursday, a divided panel of the U.S. Court of Appeals for the Fourth Circuit issued an opinion that may spell doom for O’Malley’s signature legislative “achievement” as governor, the so-called Firearm Safety Act of 2013 (FSA). This act ushered in a long list of onerous gun control measures, but its centerpiece is a broad ban on popular semiautomatic rifles, as well as magazines with a capacity of greater than 10 rounds.

During the presidential campaign, O’Malley often touted enactment of the FSA as an example of his “leadership.” That’s what O’Malley calls jamming a divisive, partisan, and ineffectual law down the throats of his constituents, one that may now collapse under the weight of its own unconstitutionality. No wonder the caucus voters stayed away from him in droves.

On the other hand, the Fourth Circuit’s opinion in the case, Kolbe v. Hogan, is positive news for Second Amendment advocates. While the appellate court did not directly invalidate the challenged “assault weapon” and magazine bans, it faulted the lower court for its dismissive “intermediate scrutiny” analysis and returned the case for reconsideration under “strict scrutiny,” the most demanding test in constitutional law. Dissenting Judge Robert B. King, a Bill Clinton appointee, explains the significance of this decision by lamenting, “I fear … the panel majority has guaranteed the demise of the FSA ….”

Only time will tell if that’s true. For now, however, the majority decision contains a number of very significant findings of fact and conclusions of law that strongly reinforce the protections of the Second Amendment in the Fourth Circuit. It also creates the potential for a circuit split with other judicial circuits that have upheld semi-auto bans and/or magazine capacity limits. This could increase the odds that the U.S. Supreme Court will take up the issue of semi-auto and magazine bans and determine a rule applicable to the entire country.

In contrast to the majority’s rational and sober opinion on the Second Amendment claim, Judge King’s dissent features the sort of hyperbole and emotionalism typically associated with the gun control movement, in addition to patent errors of fact and law. “Let’s be real,” he scolds, “The assault weapons banned by Maryland’s FSA are exceptionally lethal weapons of war.” He also earns an unusual rebuke from the majority for his thinly-disguised suggestion that they could end up with blood on their hands by setting the stage for further mass shootings. “[I]nferences of this nature have no place in judicial opinions,” the majority retorts, “and we will not respond beyond noting this.” Echoing a scene from the Tom Cruise film “A Few Good Men,” Judge King signs off by dramatically noting, “I wholeheartedly dissent.”

While the saga of the FSA is far from over and the law’s ultimate fate still undetermined, the panel’s decision is a significant step forward for continued judicial recognition of the Second Amendment. It’s also a timely and poignant reminder of the need to elect a president who will both respect the right to keep and bear arms and appoint judges who will resolve cases based on the dictates of the Constitution and not on their own emotional reactions to hot-button issues they don’t understand.

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Washington: One Anti-Gun Substitute Dies in Committee, Another is Headed to the House Floor

Thursday, February 16, 2017

Washington: One Anti-Gun Substitute Dies in Committee, Another is Headed to the House Floor

Today, the House Judiciary Committee considered substitute bills for House Bill 1387 and House Bill 1122. 

Massachusetts: Legislation Introduced to Challenge AG Healey’s Gun Ban

Thursday, February 16, 2017

Massachusetts: Legislation Introduced to Challenge AG Healey’s Gun Ban

The Massachusetts General Court’s 2017 legislative session is in full swing with the introduction of numerous pro- and anti-gun bills.  Among the pro-gun bills are Senate Docket 1157 and Senate Docket 1889.  Both SD 1157 ...

Kentucky: House Introduces Constitutional/Permitless Carry Legislation

Tuesday, February 14, 2017

Kentucky: House Introduces Constitutional/Permitless Carry Legislation

The Kentucky House of Representatives introduced their own constitutional/permitless carry bill. House Bill 316, sponsored by Representative C. Wesley Morgan (R-81), recognizes Kentuckians’ freedom to legally carry a concealed firearm without the burdensome requirement of acquiring ...

Washington: Gun Control Proponents Attempting to Amend Gun Ban Bill

Wednesday, February 15, 2017

Washington: Gun Control Proponents Attempting to Amend Gun Ban Bill

Your NRA-ILA has learned that anti-gun legislators are planning to make amendments to House Bill 1387 in order to make it seem less outrageous.

Washington: Gun Control Bills to be Voted on in House Committee

Monday, February 13, 2017

Washington: Gun Control Bills to be Voted on in House Committee

This Thursday, February 16th, the Washington House Judiciary Committee is scheduled to vote on House Bill 1387 and House Bill 1122.

Senate Votes to Block Obama Social Security Administration Gun Ban; Legislation Heads to President Trump

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Friday, February 17, 2017

Senate Votes to Block Obama Social Security Administration Gun Ban; Legislation Heads to President Trump

On Wednesday morning, the U.S. Senate voted 57-43 in favor of H.J.Res.40, which would block the implementation of an Obama-era rule under which the Social Security Administration (SSA) would report the names of tens of ...

Washington: Gun Ban Substitute to be Considered Tomorrow!

Wednesday, February 15, 2017

Washington: Gun Ban Substitute to be Considered Tomorrow!

As we alerted earlier today, anti-gun legislators were planning to amend House Bill 1387 into something that would help them garner more support. 

ATF Associate Deputy Director Pens “White Paper” on Reducing Needless Firearms Regulations

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Friday, February 10, 2017

ATF Associate Deputy Director Pens “White Paper” on Reducing Needless Firearms Regulations

On Monday, the Washington Post reported on a “white paper” written by Bureau of Alcohol, Tobacco, Firearms and Explosives Associate Deputy Director and Chief Operating Officer Ronald Turk that outlines several changes that ATF could ...

NRA-Backed Resolution to Stop Obama Attack on State Wildlife Management Passes House

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Friday, February 17, 2017

NRA-Backed Resolution to Stop Obama Attack on State Wildlife Management Passes House

On Friday, the U.S. House of Representatives passed H.J. Res. 69, a measure that would use the Congressional Review Act to repeal an Obama-era rule passed by the U.S. Fish and Wildlife Service (FWS) to preempt ...

Connecticut Governor Covers for Failed Policies by Increasing Fees on Gun Owners

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Friday, February 17, 2017

Connecticut Governor Covers for Failed Policies by Increasing Fees on Gun Owners

Times are tough in the Constitution State, where Democrat governor Dannel Malloy of Connecticut, despite governing the fifth wealthiest state in the nation, where 25% of households earn more than $100,000 and 10% earn more ...

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NRA ILA

Established in 1975, the Institute for Legislative Action (ILA) is the "lobbying" arm of the National Rifle Association of America. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution.