Federal Appeals Court In Maryland Rules Against State’s ‘Assault’ Weapons BanWilliam Traxler, Jr., Chief Judge of the U.S. Court of Appeals for the Fourth Circuit. HANDOUT.
On Thursday, a federal appeals court voted to send a Maryland state ban on 45 different ‘assault’ weapons as well as magazines that held over 10 rounds of ammo.
The 2-1 decision was a major blow to the 2013 piece of legislation that mimics laws currently enforced in 6 other states.
Chief Judge William B. Traxler Jr., writing for the majority, said the law should have been more closely analyzed from a legal standpoint and added that it “significantly burdens the exercise of the right to arm oneself at home.”
While the court allowed the ruling to stand and sent the case to a lower court for reexamination, this decision was surely a victory for gun rights activists in Maryland.
Taxler, a Clinton appointee and Judge G. Steven Agee, a Bush appointee who joined him in the decision both made it clear that they are not “rubber stamps.”
From the Washington Post:
A federal appeals court on Thursday cast doubt on the legality of Maryland’s 2013 ban on semiautomatic high-capacity assault weapons that passed after the mass shootings at a Newtown, Conn., elementary school.
The 2-to-1 decision by a panel of the U.S. Court of Appeals for the 4th Circuit sends the gun-control law back to a lower court for review, but allows the existing ban to remain in place.
Chief Judge William B. Traxler Jr., writing for the majority, found that the Maryland law “significantly burdens the exercise of the right to arm oneself at home” and should have been analyzed using a more stringent legal standard.
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