4th circuit rules against 2nd Amendment protection on semiautomatic firearms

NBC NewsMaryland's ban on 45 kinds of assault weapons and its 10-round limit on gun magazines were upheld Tuesday by a federal appeals court in a decision that met with a strongly worded dissent.

In a 10-4 ruling, the 4th U.S. Circuit Court of Appeals in Richmond, Virginia, said the guns banned under Maryland's law aren't protected by the Second Amendment.

Of course these semiautomatic rifles in common use are protected by the 2nd Amendment. They are no different, and no more militarily-useful, than any other semiautomatic rifle. And the 2nd Amendment absolutely does protect weapons of war; that's what it was written to do, to allow a militia to be raised to fight a war from the body of the people, bearing their own arms, to fight a war if necessary.

NBC News"Put simply, we have no power to extend Second Amendment protections to weapons of war," Judge Robert King wrote for the court, adding that the Supreme Court's decision in District of Columbia v. Heller explicitly excluded such coverage.

No doubt we will see this issue before the Supreme Court again soon. Hopefully, we have a better court now than we did then. In any event, while Heller has some language that goes both ways, these are semiautomatic rifles in common use and thus should fall squarely under the 2nd Amendment protections outlined in Heller.

This entry was published Mon Jul 11 22:15:56 CDT 2022 by TriggerFinger and last updated 2022-07-11 22:15:56.0. [Tweet]

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