(The Center Square) – Mountain States Legal Foundation has filed an amicus brief in the Bianchi v. Frosh legal battle asking the U.S. Supreme Court to take up the case.

The brief, filed on Monday, asks the nation’s top court to order lower courts to send all records of the case from prior decisions to the Supreme Court.

Gun and U.S. Constitution Credit: NARA / NARA

At the center of the case is Maryland’s 2013 Firearms Safety Act, which designated specified firearms as assault weapons and prohibited them from being transported into the state or from being possessed, sold, transferred or purchased in the state.

Mountain State Legal Foundation is a Colorado-based nonprofit that is a project of the Center to Keep and Bear Arms, which works to preserve private property rights and advance litigation to protect Americans’ right to self-defense.

“Many lower courts have found ‘creative’ ways to sidestep the Supreme Court’s clear rulings on gun rights, but the Fourth Circuit’s test is among the worst,” CKBA’s Cody J. Wisniewski said in a news release. “If a court thinks a weapon is more appropriate for the military than for civilians, they exclude it completely from Second Amendment protection.”

Wisniewski said it is “startling to think how this standard could be applied – especially given the number of public officials who regard all guns as ‘weapons of war,’ and see no place for them in our everyday lives.”

He said the fear of assault weapons is irrational, as “they’re peaceably owned by millions of Americans in the vast majority of states.

“These are effective tools for self-defense, and the Constitution protects the People’s natural right to acquire and use them,” Wisniewski said.

The organization claims the circuit court decisions upholding the bans “rely on untenable reasoning.” The filing cites the Fourth Circuit court’s rule that would “authorize prohibiting the most common arms of the colonial and Founding periods,” which is the “all-in-one American long gun” that the group says was made for “hunting, personal defense, and militia use.”

According to the brief, the Seventh Circuit “favored arms like those of the Founding Era,” but the court upheld a “ban on self-loading firearms” which are a type that “preceded the Second Amendment by a century-and-a-half.”

Brent Addleman is an Associate Editor and a veteran journalist with more than 25 years of experience. He has served as editor of newspapers in Pennsylvania and Texas, and has also worked at newspapers...

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  1. A REAL “Weapon of War” is one that was ACTUALLY USED in a War. The AR15 was never used by ANY Military in the world. But I have TWO actual “Weapons of War”, a Springfield Armory M1 Garand, and a 1918 Lee Enfield SMLE MKIII* used in both WW1 and WW2. The M1 is semi-auto and the Enfield is bolt action.
    The Browning 1911 pistol was a “Weapon of War”, a semi-auto pistol and the Beretta 92 was also a “Weapon of War”.
    Don’t print this B.S. about “Weapons of War”, you are one of the WORST anti-gun Democrat States in the Country.
    You won’t even issue a carry permit to common people, only to those who have “connections” with the State Government.

  2. As a gun rights organization, we are petitioning the U.S. Supreme Court to hear the Bianchi v. Frosh case, an important case that has the potential to have far-reaching implications for gun rights in the United States. This case is about a Maryland law that requires a person to obtain a license to purchase a regulated firearm from a federally licensed firearm dealer. The law also requires a person to have a private background check conducted before they can obtain the license. The plaintiffs in the case, Raymond M. Bianchi and Matthew F. Pennock argue that the law is unconstitutional because it places an undue burden on their Second Amendment right to keep and bear arms.

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