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Appeals court upholds Maryland’s ban on ‘excessively dangerous’ assault weapons

The Court of Federal Appeals (Lewis F. Powell Courthouse) and the skyline of Richmond, Virginia, in the early morning from the foot of the Virginia Capitol grounds, Richmond, Virginia, USA. Acroterion, CC BY-SA 4.0 <https://creativecommons.org/licenses/by-sa/4.0>, via Wikimedia Commons
Acroterion, CC BY-SA 4.0
/
Via Wikimedia Commons
The Court of Federal Appeals (Lewis F. Powell Courthouse) and the skyline of Richmond, Virginia, in the early morning from the foot of the Virginia Capitol grounds, Richmond, Virginia, USA

A federal appeals court on Tuesday upheld Maryland’s ban on the sale and possession of military-style assault weapons in the state, raising the possibility of another Supreme Court showdown over gun laws.

In what’s known as an en banc hearing, the entire U.S. Court of Appeals for the Fourth Circuit heard oral arguments in the case in March, with the circuit ruling 10-5 Tuesday in favor of upholding the ban.

The law had been challenged several times over the years but a 2022 Supreme Court ruling, known colloquially as “Bruen,” reopened fresh challenges. The Bruen decision, authored by Justice Clarence Thomas, said gun laws should not be evaluated by whether they serve the public good, but if they’re aligned with the nation’s “historical tradition of firearm regulation.” That means courts are to compare current laws with historical analogs from the Revolutionary and post-Civil War Reconstruction eras.

In the opinion for the majority, Judge J. Harvie Wilkinson III, a Republican appointed by President Ronald Reagan, found there is a tradition of regulation of certain types of weapons throughout American history, meaning Maryland’s law could stand.

The story continues at The Baltimore Banner:
Appeals court upholds Maryland’s ban on ‘excessively dangerous’ assault weapons

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