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
First Affirmative Lawsuit in Support of Gun Owners Filed by Trump’s DOJ

News  

Monday, October 6, 2025

First Affirmative Lawsuit in Support of Gun Owners Filed by Trump’s DOJ

California officials’ egregious foot-dragging over the issuance of carry permits has finally attracted the ire of the federal Department of Justice (DOJ). 

California: Governor Newsom Signs Gun Control Bills Into Law

Monday, October 13, 2025

California: Governor Newsom Signs Gun Control Bills Into Law

For someone who has claimed to be"...deeply mindful and respectful of the Second Amendment and people’s Constitutional rights,” Governor Gavin Newsom has once again proven that actions speak louder than words.

North Carolina: Update on Permitless Carry

Tuesday, September 30, 2025

North Carolina: Update on Permitless Carry

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

FBI Persists in Underreporting Armed Citizen Defensive Gun Use

News  

Monday, October 13, 2025

FBI Persists in Underreporting Armed Citizen Defensive Gun Use

Three years ago, Dr. John Lott of the Crime Prevention Research Center (CPRC), writing for RealClearInvestigations, described how the Federal Bureau of Investigation (FBI) was vastly undercounting, “by an order of more than three the number of instances in ...

NRA Files Another Lawsuit Challenging the National Firearms Act

Thursday, October 9, 2025

NRA Files Another Lawsuit Challenging the National Firearms Act

Today, the National Rifle Association—along with the American Suppressor Association, Firearms Policy Coalition, and Second Amendment Foundation—announced the filing of another lawsuit challenging the constitutionality of the National Firearms Act of 1934 (NFA).

Firearm Prohibition Advocates Mute on Jay Jones “Two Bullets to the Head” Scandal

News  

Monday, October 13, 2025

Firearm Prohibition Advocates Mute on Jay Jones “Two Bullets to the Head” Scandal

Democrat Jay Jones, candidate for Virginia attorney general, still has not suspended his campaign, even as pressure mounts over disclosures that should disqualify, to put it mildly, any individual from serving as the chief law ...

NRA Files Lawsuit Challenging California’s Glock Ban

Monday, October 13, 2025

NRA Files Lawsuit Challenging California’s Glock Ban

Today, the National Rifle Association—along with Firearms Policy Coalition, Second Amendment Foundation, Poway Weapons & Gear, and two NRA members—filed a lawsuit challenging California’s Glock ban.

Canada’s Public Safety Minister on Gun Ban & Confiscation: “Don’t Ask Me to Explain the Logic”

News  

Monday, September 29, 2025

Canada’s Public Safety Minister on Gun Ban & Confiscation: “Don’t Ask Me to Explain the Logic”

There have been multiple developments on the Canadian gun grab and ban in the last few days, but the most astounding has got to be a leaked bombshell recording of the Liberal Public Safety Minister, ...

Rehearing En Banc Sought in NRA-Supported Challenge to New Jersey’s Carry Restrictions

Wednesday, October 8, 2025

Rehearing En Banc Sought in NRA-Supported Challenge to New Jersey’s Carry Restrictions

Today, the National Rifle Association announced the filing of a petition for rehearing en banc in Siegel v. Platkin, a challenge to New Jersey’s carry restrictions.

U.S. House Passes Reconciliation Bill, Removing Suppressors from the National Firearms Act

News  

Second Amendment  

Thursday, May 22, 2025

U.S. House Passes Reconciliation Bill, Removing Suppressors from the National Firearms Act

Earlier today, the U.S. House of Representatives passed H.R.1 the One Big Beautiful Bill Act, which included Section 2 of the Hearing Protection Act, completely removing suppressors from the National Firearms Act (NFA).

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.