The Second Amendment Foundation (SAF) has announced they will seek Supreme Court review in Bianchi v. Wilkinson, SAF’s challenge to Maryland’s assault weapons ban, after the Fourth Circuit Court of Appeals upheld the law.
“Today’s decision from the 4th Circuit is unsurprising given their prior decision in Kolbe,” said SAF Executive Director Adam Kraut. “We believe, much like in Kolbe, the court’s analysis is flawed and that the challenged law is unconstitutional. We will be filing a petition for certiorari at the Supreme Court, as this case presents an excellent vehicle for the Court to settle this debate once and for all.”
In the 65-page opinion, judges for the majority wrote:
“The assault weapons [refering to the common AR15 rifle] at issue fall outside the ambit of protection offered by the Second Amendment because, in essence, they are military-style weapons designed for sustained combat operations that are ill-suited and disproportionate to the need for self-defense.” Chief Judge Diaz drafted a concurring opinion, with five other judges joining.
Judge Richardson drafted a dissenting opinion, with four other judges joining, stating:
“The Second Amendment is not a second-class right subject to the whimsical discretion of federal judges. Its mandate is absolute and, applied here, unequivocal…In holding otherwise, the majority grants states historically unprecedented leeway to trammel the constitutional liberties of their citizens.”
Joining SAF in the case are the Citizens Committee for the Right to Keep and Bear Arms, Field Traders, LLC., and three private citizens, David Snope, Micah Schaefer and Dominic Bianchi, for whom the case is named.
“The court relied heavily on the distinction between ‘military style’ arms and those appropriate for self-defense use,” said SAF founder and Executive Vice President Alan M. Gottlieb. “This distinction runs completely contrary to the mandates of Heller and Bruen, and now sets the stage for another petition for SCOTUS review of the case.”
For more information, visit saf.org.
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The Second Amendment Foundation (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, SAF 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.
I don’t like the angle so many 2A groups are taking, in regards to “weapons of war” or whatever the term used in the moment is. We the people should be allowed, even encouraged to have M4A1’s with SOCOM barrels for “Sustained combat operations”. When it comes to “self defense” I damned sure do want a “disproportionate” amount of firepower, and I WANT IT! I want to overwhelm the enemy with that disproportionate amount of firepower. Two many 2A groups are weak kneed. We the people have the right to fully automatic weapons. And if we the people used to… Read more »
after reading the decision i don’t understand a word salad the affirming justices wrote. kind of reads like a kommie-la off prompter speech. their logic defies logic and is in opposition to the bruen decision. progs…
Stupid commie judges.. Reminds me of the lion in wizard of oz.. “if only i had a brain” “military-style weapons designed for sustained combat operations that are ill-suited and disproportionate to the need for self-defense” That every citizen, so enrolled and notified, shall, within six months thereafter, provide himself with a good musket or firelock, a sufficient bayonet and belt, two spare flints, and a knapsack, a pouch, with a box therein, to contain not less than twenty four cartridges, suited to the bore of his musket or firelock, each cartridge to contain a proper quantity of powder and ball;… Read more »
These Anti-constitutionalist NAZIS/COMMUNISTS in the Fourth CIRCUS Court have enabled a NULL and VOID “law”. Even the Founding Fathers of Our American Constitution have stated that American Citizens HAVE THE RIGHT to the SAME ARMS Our American Military uses. There ARE NO EXCEPTIONS!
even flies in face of miller ruling
They are not buffoons. They are Leftists. They don’t believe in the Constitution, so don’t expect them to rule according to it.