SCOTUS Turns Back Maryland Gun Ban Case, New Brief Filed

AR15 pile of Guns Rifles SMG iStock FabrikaCr 949369336
iStock FabrikaCr 949369336

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.

Second Amendment Foundation

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JimQ

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.

Wild Bill

Yes, If the repubs could take the House and Senate, they could impeach and convict marxist socialists hand over fist. If the repubs can manage not to screw up the next election.

john

The media and the democrats are already claiming victory in Novembers midterms. The republicans refuse to fight back hard attacking the left and the democrats with what is fact not fiction.

Wild Bill

Well, maybe the price of gasoline and food will do a lot of campaigning against the democrats.

willyd

Take notice as to Biden trying to claim the price of gas going down, nothing said as price went through the roof in May, this feeble minded fool has to go along with the Demo-Rat Train-Wreck Policies!!!!!

Tionico

just an FYI. the Biden Unit is NOT in charge. He is a lager for those who are, and who are so skanky they don’t want to be revealed as to identity or purpose. Someone commented recently that the biggest service Donald Trump has rendered this nation is to pull back the curtains to reveal the little old fool pulling the ropes and pushing the levers. Then someone else said Trump did not do that, but he forced those who are the lever pullers to reveal themselves. Either way, the Kabuki Theatre is being revealed for what it has been,… Read more »

john

In GA the governor has removed the state gas tax easing the burden. While fat black criminal Stacey claims climate change will raise the sea level and we all will drown. Fear mongering don’t fall for it.

Wild Bill

Recently, I saw a picture of the Statue of Liberty on that island, taken in 1920. Beside was another picture of the Statue of Liberty, on that little island, from the same angle, taken in 2021. The sea level was the same.

Watch um

God set the limits and only He can change it

Wild Bill

Yes, it is so.

CourageousLion

IT WAS NOT! It is 1.45 inches HIGHER NOW!!! You should know better.

Desert Rat

Stacy doesn’t need to worry about the rising sea levels–lard floats.

Ope

What is the gap tooth slob running now ?…. 400-450 ?

Wild Bill

Now, that is funny!!

CourageousLion

LOL! She better be careful if she goes into the water at the wrong beach…some blue whale my try to mate with her sorry ass.

PMinFl

Those things are “transient”, remember?
Until after midterm elections.

Wild Bill

Yes.

john

Today the democratic machine will push to clear the students of all the college debt placing it on the backs on the working class Americans. Older Americans will not stand for that remember that is no longer the democrats base they have abandoned those who were moderate in that party.

The republicans have no voice never on the offense always on the defence. The white house claims the economy is doing great, tell the same lie over and over supported my the media elite till it becomes their truth.

Wild Bill

Makes my skin crawl.

CourageousLion

The way they are placing it on our backs is with inflation. Read this, sign up and comment. https://courageouslion380.substack.com/p/blood-running-in-the-streets-mobs

willyd

McConnel should also get his wings clipped and be gone his idiot thoughts about lets just get along and we’ll be fine are in days of the past!!!!!!!

Wild Bill

Yes, if you have ever see him speak, one would think that he had died the day before.

PMinFl

You’re too kind, Bill

DDS

Turtles have wings?

Wild Bill

Now, that is funny!

Watch um

But it will never happen even if the Republicans do control both the House and Senate.

Wild Bill

Why not?

Ope

Bill, they never elucidate when they talk nonsense.

Wild Bill

His statement is conclusory. I’d like to read his reasoning.
Did you notice all the good and informative conversations, today, while it was gone?

john

Just dropping in changing the subject matter this is for all interested/
If you have never heard of a canadian tv show that has run for 15 seasons called Heartland

Available on the hallmark channel BYU or network Netflix good old family values start from season one and watch the cast grow over after this year 16 years.

Ranch life horses all good stuff it will make you long for family and the simple life were solving problems was about family

Last edited 1 month ago by john
john

Just dropping in changing the subject matter this is for all interested/
If you have never heard of a canadian tv show that has run for 15 seasons called Heartland

john

The Fleming family run a ranch for neglected horses in the foothills of the Rocky Mountains in Canada. On their way to rescue a horse, Amy Fleming and her mother Marion are caught in a storm and crash, with tragic consequences.

CourageousLion

My wife watches it. I don’t waste my time too much on TV crap.

john

https://www.cbc.ca/heartland/episodes/season1

This worth the effort and enjoy sorry for all the post in comments I just want folks to enjoy some family based entertainment that still has value and will make you smile

Wild Bill

You are a good man!

Stag

I think what Watch um means, and this is purely speculation on my part, is that even if Republicans have complete control nothing will happen. Judging from all the other times they’ve had complete control I would say he’s making a pretty safe prediction. They campaigned on repealing the ACA and then didn’t repeal it, there were lots of cries of “lock her up” and she isn’t, they have yet to repeal a single federal arms law but instead have actually enacted more. There’s a lot of hard talk from Republicans when they’re in the minority and not a lot… Read more »

Wild Bill

Hmmm, I see and thank you.

Stag

You’re welcome.

Arizona

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.

swmft

government actors have been committing assault and murder for y……e……..a……r……s time to jail them

Wild Bill

Both the BATFE and the FBI were created by memos, and can be destroyed by memos.

Ledesma

Gun haters usually don’t go away. Once the war was over, they even disarmed Pearl Harbor again.

Jonesy

And the state of Hawaii has been keeping it that way ever since

swmft

before it became a state…

Tionico

and the disarming did not stop at Pearl Harbour. EVERY military installaion we have is generally disarmed except for a “spayshul” few. Which is how that mozzie ossifer was able to murder so many at Fort Hood.

Gdubb

Khalifornia is next. Can’t wait to watch Gavin’s sorry bitch ass cry again on camera.

KC

The only problem with Gov. Annoysome is the bitch will cry to the legislature and they will pass even more onerous laws that they know are unconstitutional. Until they can be held accountable for willfulling violating the rights of their constituents nothing will ever change there.

Patriot Solutions

FPCs case arguments of years have been vindicated by the Bruen ruling with the exception of a slight reining in on the historical time frame of which applies to 2A cases of not considering too far back in history when interpreting 2A. Bruen pretty much flips every case that FPC has lost in the past several years because those losses were based upon unconstitutional rulings. Anybody can apply Bruen to thier dailey grind and see that Bruen wipes out countless decades of unconstitutional disarmament. It doesn’t take esquires and corrupt judges to figure out what 2A and Bruen mean the… Read more »

swmft

dam I thought it was in swahealy

CourageousLion

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.”

john

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 »

swmft

Shakespeare makes a good point in Henry VI, Part 2, Act IV, Scene 2. The full quote is: “The first thing we do, let’s kill all the lawyers”

Russn8r

Let’s!

hippybiker

A lawyer found out he had an illegitimate child. He admonished the woman for not telling him so he could do the right thing and marry her. She said…” My parents and I discussed it and decided one Bastard in the family was enough!”

Watch um

I love it

Laddyboy

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!

Wild Bill

Yep!

Watch um

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.

TGP389

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.

Last edited 1 month ago by TGP389
DDS

US v Miller (1939)

https://www.oyez.org/cases/1900-1940/307us174

Perhaps the second worst decision ever handed down by SCOTUS.

Worst decision being the infamous Dred Scott v Sanford (1857)

https://www.oyez.org/cases/1850-1900/60us393

Last edited 1 month ago by DDS
Wild Bill

But there are some interesting aspects to both of those cases in the dicta. Miller talks about the constitution protecting the Right to weapons of war. That is useful.
In Dred Scott, Chief Justice Taney went on and on about the Rights that American citizens had (and that slaves could not have). His blabbing on and on about those Rights gives us a picture of how Lawyers, Judges, and citizens viewed and expected concerning our Rights. And that is useful. IMHO

Wild Bill

Yes! US v. Miller, 307 US 174 (1939) The defendants demurred to the indictment and the US had to appeal to the S. Ct. In the mean time, one defendant, Jack Miller, was killed by persons unknown (probably his own gang for turning rat on them). The government’s attorney lied to the Justices about the short barreled shotgun being of no use in war, and the Justices did not know any better. (The current bench is probably just as ignorant about firearms and war). The Justices did know about the Constitution, and they wrote, “… the term arms used in… Read more »