Big #2A Win – 4th Circuit Applies Strict Scrutiny to Maryland Gun Control Law
(Legal Insurrection) – In 2013, Maryland enacted its Firearms Safety Act (FSA). With its passage, effectively banning its residents from owning any of the large majority of semi-automatic rifles owned by American citizens (exceptions were made for retired law enforcement officers). The FSA also imposed other restrictions, such as banning certain standard-capacity magazines.
…Of course, normally laws that arguably infringe an enumerated Constitutional rights are not subject to mere intermediate scrutiny, but rather they are subject to strict scrutiny. To survive strict scrutiny the law must advance not merely any governmental interest, but in particular a compelling governmental interest. It is perhaps arguable that “public safety” would serve to meet this requirement. In addition, however, the law must also be narrowly tailored to actually achieve that interest. It is this second requirement that almost invariably leads to the law in question being found to be unconstitutional.
In a nutshell, then, if intermediate scrutiny is applied to almost any law, the law survives. If strict scrutiny is applied to almost any law, the law falls.
…In short, the application of strict scrutiny to the Second Amendment, just as it is applied to the other rights enumerated in the Constitution, would be a complete game changer on gun rights on a national scale.
Today, the United States Court of Appeals for 4th Circuit did exactly that, applying strict scrutiny to Maryland’s “Firearms Safety Act,” in a two-to-one decision that could change the face of gun laws for Maryland (arguably one of the most anti-gun states in the nation), and perhaps portend similar relief for the beleaguered residents of New York, New Jersey, California, and the few other remaining anti-gun states. This decision is embedded at the bottom of this post.
In brief, the court’s 2-to-1 majority concluded first that the guns and magazines banned by the FSA fall within the scope of the Second Amendment, and second that:
Strict scrutiny, then, is the appropriate level of scrutiny to apply to the ban of semi- automatic rifles and magazines holding more than 10 rounds.
Nope. Sorry. Wrong again. OR, rather, STILL Wrong.
Oh, and, there’s NO appeal to the Supreme Court from a REMAND to a district court. Never happened. Never will.
What happens is it goes BACK to the district court for action in obeyance to the circuit’s mandate, then if someone deems appeal necessary, back UP to the circuit, then if someone deems appeal necessary, UP to the supremes.
WHere ARE YOU getting your information?