Explore The NRA Universe Of Websites

APPEARS IN Legal & Legislation

Arguments Held in Challenge to Maryland’s Firearm and Magazine Ban

Friday, March 27, 2015

Arguments Held in Challenge to Maryland’s Firearm and Magazine Ban

As we reported last August, a federal district court judge in Maryland had upheld the state’s wide-ranging 2013 law that banned America’s most popular rifle, among other common firearms, along with magazines capable of holding more than ten rounds of ammunition.

The plaintiffs in the case, Kolbe v. O'Malley, appealed that ruling, and oral arguments on the appeal were held Wednesday before the U.S. Court of the Appeals for the Fourth Circuit in Richmond, Virginia. The briefs in the case, filed by the parties and “friends of the court”, are available at this link. Audio of the argument may be accessed from the Fourth Circuit’s website.

John Parker Sweeney, arguing for the plaintiffs, emphasized that the Maryland law imposes an outright ban on firearms kept by law-abiding persons in their homes for lawful purposes, including self-defense. This, Mr. Sweeney noted, was the very issue the U.S. Supreme Court squarely decided against the District of Columbia in the historic 2008 case, District of Columbia v. Heller. Nor, Mr. Sweeney reminded the Fourth Circuit judges, did the Supreme Court accept the District’s argument that because rifles and shotguns could theoretically be possessed (although only in a nonfunctional state), could handguns be banned. Instead, the Supreme Court deferred to the judgment of the American people as to what firearms best suit their needs. The state of Maryland admits, he told the court, that the firearms banned by the law were the most popular in Maryland.

The attorney for Maryland admitted that the law banned commonly owned items but insisted that alone did not resolve the Second Amendment question. He argued that the law only bans certain specific types of firearms, not a whole class of them, and that the state was justified in doing so because the banned items are “unusually dangerous.”

The judges asked pointed questions of Maryland’s attorney, pressing him, for example, on whether he believed the Second Amendment would also allow a ban on semiautomatic handguns kept in the home for self-defense. After a prolonged period of trying to evade the question, he finally admitted that like a semiautomatic pistol, a six-shot revolver fires one shot per activation of the trigger and such a firearm would be constitutionally protected. He was then asked why, if a handgun that fires one shot per activation of the trigger were protected, a semiautomatic rifle that did the same thing would not be. In response, the attorney insisted that Maryland did not ban all semiautomatic rifles and that Heller’s holding was specific to handguns.  Yet this, according to one of the judges on the panel, was simply the converse of the argument that the Supreme Court rejected in Heller, than a handgun ban was okay because some long guns were still available.

The court also noted that unlike in prior cases, the Maryland ban is not limited to presumptively dangerous or irresponsible persons, nor is it simply a time, place, and manner restriction that merely establishes guidelines for where or how a weapon can be possessed or used. That being so, a judge asked, why shouldn’t strict scrutiny be the applicable standard of review? Heller was concerned with self-defense, Maryland’s attorney replied, and the banned firearms and magazines are not needed for that.

In his rebuttal, Mr. Sweeney noted that Heller deferred to what people themselves chose for their own needs and argued that principle should also guide the court’s decision in this case. “For whatever reason,” he said, “millions of Americans have chosen these prohibited firearms,” including for self-defense. “It’s the choice,” Mr. Sweeney told the court, “the people’s choice.” Yet, he said, the state went from a restrictive policy to an outright ban, because the state deemed that more likely to reduce the numbers of these firearms owned by the law-abiding populace. That goes too far, he concluded, and cannot stand.

The case is now in the hands of the Fourth Circuit, which is not required to issue its opinion on any specific timeline. Whatever the court decides, however, a further appeal to the U.S. Supreme Court is likely. As ever, your NRA will be following the proceedings closely and giving you the news you need to know as it breaks.

TRENDING NOW
NDAA 2026: A Win for Surplus Firearms Collectors and the Second Amendment

News  

Monday, December 15, 2025

NDAA 2026: A Win for Surplus Firearms Collectors and the Second Amendment

It is indeed that time of year. Time for the 65th annual National Defense Authorization Act (NDAA). This critical federal legislation specifies the budget and policies for the United States Department of Defense for the next fiscal year. 

SCOTUS Denies Cert in NRA-ILA Challenge to NFA Short-Barreled Rifle Restrictions

Monday, December 15, 2025

SCOTUS Denies Cert in NRA-ILA Challenge to NFA Short-Barreled Rifle Restrictions

The U.S. Supreme Court denied certiorari in Rush v. United States, a challenge to the National Firearms Act of 1934’s restrictions on short-barreled rifles.

NRA Files Amicus Brief Urging SCOTUS to Hear Case of Virginia CCW Holder Arrested While Traveling Through Maryland

Thursday, December 11, 2025

NRA Files Amicus Brief Urging SCOTUS to Hear Case of Virginia CCW Holder Arrested While Traveling Through Maryland

The National Rifle Association joined the Second Amendment Foundation, California Rifle & Pistol Association, Second Amendment Law Center, Minnesota Gun Owners Caucus, and Citizens Committee for the Right to Keep and Bear Arms in filing ...

Minnesota: Governor Walz Issues Two Gun Control Executive Orders

Tuesday, December 16, 2025

Minnesota: Governor Walz Issues Two Gun Control Executive Orders

With the holiday season upon us, former VP candidate Governor Tim Walz has once again proven his "Bah Humbug" stance on the Second Amendment. 

Buckle Up, Friends: DOJ Opens New 2A Division, Promises “A Lot More Action” to Safeguard Rights

News  

Monday, December 15, 2025

Buckle Up, Friends: DOJ Opens New 2A Division, Promises “A Lot More Action” to Safeguard Rights

In a landmark accomplishment in furtherance of President Donald J. Trump’s Executive Order on the Second Amendment, the U.S. Department of Justice (DOJ) has announced the creation of a new section under its Civil Rights Division - ...

North Carolina: Update on Permitless Carry

Tuesday, December 16, 2025

North Carolina: Update on Permitless Carry

In September, the North Carolina General Assembly briefly returned from recess and re-referred Senate Bill 50, Freedom to Carry NC, to the House Rules Committee.

George Soros’s Open Society Funded Foreign Agents’ Lawsuits Against U.S. Gun Industry

News  

Monday, December 15, 2025

George Soros’s Open Society Funded Foreign Agents’ Lawsuits Against U.S. Gun Industry

Earlier this month, the Washington Free Beacon ran a piece titled, “‘Assault on Our Sovereignty’: How George Soros Funds Foreign Government Lawsuits Against American Gun Makers.”

UK Continues Perilous Slide into 1984 Territory

News  

Monday, December 8, 2025

UK Continues Perilous Slide into 1984 Territory

By now, many of you have probably heard about the British subject (we are not really sure they should be called citizens anymore) who, after visiting the United States and enjoying the firearm freedoms many ...

Third Circuit Grants Rehearing En Banc in NRA-Supported Challenge to New Jersey’s Carry Restrictions

Thursday, December 11, 2025

Third Circuit Grants Rehearing En Banc in NRA-Supported Challenge to New Jersey’s Carry Restrictions

Today, the Third Circuit Court of Appeals granted rehearing en banc in Siegel v. Platkin, an NRA-supported challenge to New Jersey’s carry restrictions.

ATF Proposes Helpful Reforms for Travel with NFA Items

News  

Monday, December 8, 2025

ATF Proposes Helpful Reforms for Travel with NFA Items

Until the National Firearms Act is a relic of the past, every little bit that makes it easier to navigate can surely help. In recent weeks, the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) ...

MORE TRENDING +
LESS TRENDING -

More Like This From Around The NRA

NRA ILA

Established in 1975, the Institute for Legislative Action (ILA) is the "lobbying" arm of the National Rifle Association of America. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution.