Taking Aim at Maryland ' s Ban of Arms Commonly Used for Self-Defense

A Maryland statute prohibits ownership of “assault weapons,” the statutory definition of which includes the most popular semi-automatic rifles—one bullet per trigger-pull without reloading—in the country, as well as magazines capable of holding more than 10 cartridges (bullets). Stephen Kolbe, a small business owner, among others, s ued to overturn the law. The U.S. Court of Appeals for the Fourth Circuit upheld Maryland’s ban.The Fourth Circuit extrapolated from a shred of the landmark 2008District of Columbia v.Heller case, suggesting that weapons “most useful in military service—M-16 rifles and the like” could be banned. From that squib, the court decided that the test for whether or not a class of weapons could be banned was whether it was “like an M-16.” That not only contravened the core ofHeller—that all weapons in common lawful civilian use are constitutionally protected—but raised a host of other issues.Accordingly, Kolbe is now asking the Supreme Court to review his case. Cato, joined by the Second Amendment Foundation, Independence Institute, and National Sheriffs ’ Association—a law enforcement organization!—has fileda brief, co-authored by Georgetown law professor Randy Barnett, supporting that petition. We point out that the Maryland law classifies the common semi-automatic firearms used by police officers as “weapons of war,” alienating officers from their communities and undermining policing by consent.Where for generations Am...
Source: Cato-at-liberty - Category: American Health Authors: Source Type: blogs