(The Center Square) – A challenge against Maryland’s gun ban is likely to make it to the U.S. Supreme Court before gun ban challenges from other states.
Tuesday, the Fourth Circuit U.S. Court of Appeals upheld Maryland’s ban on semi-automatic firearms.
“The assault weapons 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,” the opinion stated.
Since the appeals court didn’t kick the case back down to the lower courts, plaintiffs say they will now appeal to the U.S. Supreme Court.
“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,” Second Amendment Foundation Executive Director Adam Kraut said.
Gun control advocates with Everytown applauded the appeals court decision upholding Maryland’s ban.
“Laws prohibiting assault weapons have consistently and correctly been upheld as constitutional under the Second Amendment by federal trial and appellate courts alike – with countless communities undoubtedly safer as a result,” said Bill Taylor, deputy director of Second Amendment Litigation at Everytown Law. “We’re pleased that the Fourth Circuit saw reason and ruled to protect Marylanders from these instruments of mass violence.”
Todd Vandermyde, a gun rights advocate and consultant for plaintiffs in one of Illinois’ challenges against the Land of Lincoln’s gun and magazine ban, said Maryland’s ruling is so bad it helps Second Amendment advocates heading to the Supreme Court.
“It just so flies in the face of the common use test, modern guns are protected, all the things that have been reiterated through [previous Supreme Court precedent], I think this thing is just so bad that they’re going to take it,” Vandermyde told The Center Square.
Earlier this year, U.S. Supreme Court Justice Clarence Thomas declined taking up cases out of Illinois challenging the state’s gun and magazine ban. He said the cases still were in preliminary stages in lower federal courts, not on final orders.
“Petitioners sought a preliminary injunction against the enforcement of the law, arguing that the law violates their Second Amendment right to ‘keep and bear Arms.’” Thomas wrote in July. “This Court is rightly wary of taking cases in an interlocutory posture. But, I hope we will consider the important issues presented by these petitions after the cases reach final judgment.”
The consolidated cases challenging Illinois’ gun ban have a bench trial set for Sept. 16 in the Southern District of Illinois federal court. That would still have to go through the appeals court before going to the Supreme Court.
Maryland’s gun ban decision was on final judgment. Vandermyde said that’s just what Thomas was looking for.
“He said they wanted a case that was done on the merits with a record, here they’ve got a record,” Vandermyde said.
There are several other cases across the country on different issues and stages of the judiciary. Vandermyde said Maryland’s case will likely be first to the Supreme Court.
“I think that it’s time that after over 15 years that this issue gets hammered out,” Vandermyde said. “I think we literally have nine more months.”
