BELLEVUE, WA – -(AmmoLand.com)- Attorneys representing the Second Amendment Foundation and Citizens Committee for the Right to Keep and Bear Arms have filed a supplemental opening brief in their challenge of Maryland’s ban on so-called “assault weapons” based on the Supreme Court’s remand of the case back to the Fourth U.S. Circuit Court of Appeals following the landmark ruling in New York State Rifle & Pistol Association v. Bruen in June.
SAF and CCRKBA are joined by the Firearms Policy Coalition, Inc., Field Traders, LLC, and three private citizens: David Snope, Micah Schaefer, and Dominic Bianchi, for whom the case is named. Defendants are Maryland Attorney General Brian E. Frosh, State Police Secretary Col. Woodrow W. Jones, III, Baltimore County Sheriff R. Jay Fisher, and Anne Arundel County Sheriff Jim Fredericks, all in their official capacities.
Plaintiffs are represented by attorneys Raymond M. DiGuiseppe, DiGuiseppe Law Firm P.C. in Southport, N.C., and David H. Thompson, Peter A. Patterson, and Tiernan B. Kane, Cooper & Kirk, PLLC, Washington, D.C. The case is known as Bianchi v. Frosh.
The brief details how the high court in Bruen overruled the use of “intermediate scrutiny” in such cases as Bianchi and instead mandated “the only way that a law burdening conduct falling within the Second Amendment’s scope can be upheld is if the government can demonstrate a ‘historical tradition’ of regulations, rooted in the Founding Era, that burdened the right in a similar way and for similar reasons.” Further, the Supreme Court’s ruling in Bruen “demonstrates that Maryland’s ban on certain semiautomatic rifles is unconstitutional.”
“The Bruen ruling effectively ended lower court ‘means-end scrutiny’ of Second Amendment challenges that have allowed perpetuation of extremist gun laws banning firearms that are in common use,” said SAF founder and Executive Vice President Alan M. Gottlieb. “In that regard, the Bruen decision makes it difficult to uphold certain laws, especially when they arbitrarily ban whole classes of firearms and criminalize their possession, clearly violating a citizen’s individual right to keep and bear arms.”
Gottlieb observed that an affirmative ruling overturning Maryland’s ban could significantly impact other states where bans have been enacted or may be proposed via legislation or citizen initiative.
That’s why the Bianchi case is so important in SAF’s effort to win firearms freedom one lawsuit at a time.
The Second Amendment Foundation (www.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, The Foundation 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.
these politicians, bureaucrats and judges need to be held in contempt of the Supreme Court, removed form their positions, jailed and fined six figure sums for violating people’s civil rights. until this happens enough times the anti rights folks will resist every way they can imagine.
The government has no legal authority over our choice or use of arms, only our actions, if our actions include murder, assault or rape.
All gun control is unconstitutional infringement.
Gun haters usually don’t go away. Once the war was over, they even disarmed Pearl Harbor again.
Khalifornia is next. Can’t wait to watch Gavin’s sorry bitch ass cry again on camera.
This continues to be a false narrative the term Assault Weapon should be Combat Weapon. A gun can not assault anyone only a person can, A combat weapon describes anything from a gun to tank to a sword. Is a hammer used to kill another classified as a assault weapon no it is not. Till the word game is addressed for what it is the changing of the definition to alter the meaning of the description writers will continue to help the anti gun agenda. Lawyers are the ones who continue to benefit not the American gun owners. When the… Read more »
Everyone MUST remember that Our Founding Fathers stated that American Citizens HAVE THE RIGHT to the very same weapons which the Military USES! This INCLUDES AUTOMATIC WEAPONS — BECAUSE Our Military uses AUTOMATIC WEAPONS!
All the lawyer speech is BS to the common citizens, not ment in a despairing way but why could not the SCOTUS just spoke in plain English that all laws pertaining to the 2 nd amendment that restrict lawful citizens from the right to bear arms is unconstitutional an thereafter void.
I have become to despise lawyers in general when they are just like a politician and talk out of both sides of their mouth.
dam I thought it was in swahealy
The test case for the NFA was a short barrel shotgun case, which name, I can’t recall. The defendant was poor, and unable to afford a lawyer when his case went before SCOTUS, so there was no argument for the defendant.
SCOTUS found that since a short barrel shotgun would be of no use to the militia (their opinion, not mine), conviction was upheld.
Now, they want to bar us from owning the very arms that WOULD be of use to a militia. I don’t know why someone doesn’t make a case out of this discrepancy.
Well, behind closed doors, look at what just got passed…https://courageouslion380.substack.com/p/the-new-updated-2nd-amendment-of “A well-regulated population being necessary to the security of a police state, the right of the Government to seize and destroy arms shall not be infringed.”