4th Circuit upholds Maryland Assault Weapons Ban

[bushmaster1313]

Decision here:
https://assets.nationbuilder.com/firearmspolicycoalition/pages/5854/attachments/original/1722968222/2024.08.06_114_OPINION.pdf?1722968222

Note: I think there may be an official list of semi auto rifles that are banned/allowed in Maryland, but I would get confirmation from the Maryland Stats Police before relying on it to possess any particular semi auto rifle in Maryland.
This may be the list but check with the Maryland State Police to be sure the rifle you want complies

 

[Wyo]

Interestingly, the M1A rifle is on the ban list but the M1 Garand is specifically exempted. The M1 Carbine is not listed and would appear not to qualify as a “copycat” either. Both pretty good ol’ rifles for defensive use. “Lists” like this are so stupid.

 

[fordson]

Judges do like to write. Why use just a few words to get your point across when thousands will do and a whole dictionary is going to waste.

 

[stansdds]

Judges do like to write. Why use just a few words to get your point across when thousands will do and a whole dictionary is going to waste.

Goes back to all those college term papers, thesis, and high school and middle school assignments that had a requirement for word count.


Is anyone really surprised that the 4th Circus upheld bans on weapons in common use by citizens?

 

[Racer X]

The key takeaway is that this is the first fully adjudicated case of an assault weapons ban. The next step is SCOTUS. The Supreme Court said in a warning to the 7th Circuit (directed at the Chicago/Illinois ban lawsuits) that SCOTUS was watching, and if they didn't get it right, SCOTUS would correct it for them. This case will beat them to SCOTUS. I have every reason to expect this case to be heard by SCOTUS in the 2024/25 session. They should be applying for cert in the coming weeks.

The warning to the 7th Circuit was part of the denial of cert sent down to the 7th in June.

The best of this ruling is the dissents. It was a 9 to 6 ruling. Far from unanimous.

 

[CH4]

Yep, this one is now ripe for picking; the case SCOTUS has been patiently waiting for. It’ll be Maryland and the 4th, who are responsible for no more weapons/mag bans.

 

[Rodan]

And how much time, and how many (hundreds of) thousands of citizens' dollars will it take to get this blatantly unconstitutional decision reversed?

Even if SCOTUS is harshly critical of the Circuit Court for giving them the finger, there will be no real consequence, and they will be on to the next case that tramples the rights of citizens.

As long as the antis are using our own money to grind us down, and suffer ZERO consequences, it will never stop.

 

[bushmaster1313]

Yep, this one is now ripe for picking; the case SCOTUS has been patiently waiting for. It’ll be Maryland and the 4th, who are responsible for no more weapons/mag bans.

I do not know if it is part of the record, but on the Maryland list there are many not banned semi-auto rifles that for all intents and purposes are the same as banned semi-auto rifles

List here

If I were arguing the case I would try to bring out that the law makes no sense because semi-auto rifles that are banned are basically the same as many semi-auto rifles that are not banned

 

[weatherby]

What does it cost ?
With Bruen and this nothing.

 

[CH4]

Here's Mark Smith's take on this case.

[ame]https://www.youtube.com/watch?v=a-sjZyenplc[/ame]

 

[ladder13]

FPC and SAF seem to be in the mix with all these lawsuits.

 

[fordson]

I do not know if it is part of the record, but on the Maryland list there are many not banned semi-auto rifles that for all intents and purposes are the same as banned semi-auto rifles

List here

If I were arguing the case I would try to bring out that the law makes no sense because semi-auto rifles that are banned are basically the same as many semi-auto rifles that are not banned

Just checking the list. SA M1A Loaded is banned because it is a “Copy of enumerated banned weapon”. However, the SA M1A Standard is not mentioned. So is it banned or not? The Poly M14 (Chinese copy of the SA M1A) is not banned and the Norinco M14 (another Chinese copy) is not mentioned at all. It is confusing, arbitrary and borders on the irrational.

 

[WCCPHD]

No other outcome could be expected from the Fourth Circus Court of Apples.

 

[SMSgt]

There ain't nothing that would entice ne to visit MD. Never was.

 

[Racer X]

remember, it was 9 to 6. footnote 2 page 87 https://www.ca4.uscourts.gov/opinions/211255.P.pdf

 

[LVSteve]

Just checking the list. SA M1A Loaded is banned because it is a “Copy of enumerated banned weapon”. However, the SA M1A Standard is not mentioned. So is it banned or not? The Poly M14 (Chinese copy of the SA M1A) is not banned and the Norinco M14 (another Chinese copy) is not mentioned at all. It is confusing, arbitrary and borders on the irrational.

Just goes to prove that like most state legislatures, Maryland's knows sod all about guns.

 

[WR Moore]

I read through the list in the 2nd link in post 1 and am rather confused. I'd like to see their definition of "folding stock". A folding stock is not a telescoping stock. I also looked at a couple of manufacturers listings and they get down to manufacturers stock numbers in some cases. Most folks-LLEA included- have no idea of stock numbers and likely have no way to figure out if an item is banned or not. Probably just assume it's banned.

 

[Racer X]

short breakdown on what happened [ame]https://www.youtube.com/watch?v=XTp3KyZU7Ss[/ame]

 

[dsf]

Here's Mark Smith's take on this case.

https://www.youtube.com/watch?v=a-sjZyenplc

Am so glad Attorney Smith openly made the comparison between anti-gunners today and segregationists of the 1950's and 60's. Absolutely no difference, in spirit and tactics, between the two groups contriving to use the courts and corrupt the law in delaying or denying a fundamental right counter to a SCOTUS decision. They might as well all sign off on a "Liberal Manifesto".

 

[WR Moore]

Guys, there's troubling stuff in that 4 Circuit decision. The main thrust of their argument is that since military manuals note that the M4/M16 is most effective in semi-automatic operation, the difference in fire control systems between the military weapons and the civilian version is moot. And, that they thereby are dangerous weapons unsuitable for self defense and not covered under Bruen. Not that they know a bleeping thing about self defense.

Hope none of those folks ever see any videos of Jerry Miculek or they'll ban revolvers.

ETA: The decision also goes on to claim a vast criminal use and number of folks done to death by said items. Funny, they don't consider banning bare hands and feet as well as various household items that have higher tolls.

It does seem to be strange that they find a tool with an improved ability to neutralize a deadly threat to be incompatible with self defense. Unless they want increased collateral damage to inspire further restrictions.