In a pivotal decision on Tuesday, the Fourth Circuit U.S. Court of Appeals upheld Maryland’s ban on semi-automatic firearms, setting the stage for a likely U.S. Supreme Court showdown ahead of similar cases from other states. This ruling marks a significant milestone in the ongoing debate over gun control and Second Amendment rights.
The court’s opinion stated that the semi-automatic firearms in question are not protected under the Second Amendment. “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 read. With no further proceedings required at the lower court level, plaintiffs are preparing to escalate the matter to the Supreme Court.
Adam Kraut, Executive Director of the Second Amendment Foundation, expressed his intent to appeal, noting, “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.”
The decision was met with approval from gun control advocates, including Everytown Law. Bill Taylor, deputy director of Second Amendment Litigation at Everytown, praised the ruling: “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. We’re pleased that the Fourth Circuit saw reason and ruled to protect Marylanders from these instruments of mass violence.”
On the other side of the debate, Todd Vandermyde, a gun rights advocate and consultant for plaintiffs in one of Illinois’ challenges against the state’s gun and magazine ban, criticized the ruling but suggested it could ultimately benefit Second Amendment proponents. “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.
This development comes after U.S. Supreme Court Justice Clarence Thomas earlier this year declined to take up cases out of Illinois challenging the state’s gun and magazine ban, citing their preliminary stage. However, he expressed hope that the Court would consider the important issues these petitions present once they reach final judgment.
The cases challenging Illinois’ gun ban are set for a bench trial on September 16 in the Southern District of Illinois federal court and would need to pass through the appeals court before reaching the Supreme Court. Maryland’s case, already on final judgment, aligns with Justice Thomas’ preference for a case that has been fully adjudicated on its merits.
With multiple cases on gun laws weaving through courts across the country, Vandermyde believes Maryland’s case will be the first to reach the Supreme Court. “I think that it’s time that after over 15 years that this issue gets hammered out,” he stated.
