Explore The NRA Universe Of Websites

Important Second Amendment Case Reheard by Federal Appellate Court

Friday, May 13, 2016

Important Second Amendment Case Reheard by Federal Appellate Court

On Wednesday, the United States Court of Appeals for the Fourth Circuit reheard the NRA-supported case Kolbe v. Hogan, which challenges Maryland’s bans on various popular semi-automatic rifles and detachable magazines.  In early February, a three-judge panel of the Fourth Circuit vacated a lower court ruling that upheld the bans, but the court agreed to en banc rehearing before the full fifteen-member court.

John Parker Sweeney, arguing on behalf of Maryland gun owners and firearm businesses, began argument with a very simple explanation for the court.  The Maryland law, like the handgun bans at issue in District of Columbia v. Heller and McDonald v. City of Chicago, bans the possession of common firearms that are kept for self-defense within the home, so the law must fail under the Supreme Court’s established precedents.  Under a barrage of questions from the court, Sweeney continually pressed home the point that this case is actually much easier than the Supreme Court’s decision in Heller because the firearms at issue in this case represent the most popular rifles in the country, yet they are used in only a very small number of crimes as compared to handguns. 

While it is impossible to guess how the court will rule in this case, the decision will almost certainly hinge on whether the three-judge panel correctly determined that “strict scrutiny” was the appropriate standard of review.  When courts review constitutional questions of law, they do so under differing standards.  Strict scrutiny is generally applied only where a statute creates a substantial burden on a fundamental right.  The decision to apply strict scrutiny is often seen as fatal to the challenged statute and it would almost certainly be in this case.  The bans in this case, like most gun-control laws, cannot be justified as effective public safety measures under close scrutiny by the judiciary. 

The need for strict scrutiny in cases impacting the right to keep and bear arms is the reason that NRA has led the effort to amend state right to arms provisions to clearly require the application of strict scrutiny.  This effort has already led to constitutional amendments in Alabama, Louisiana, and Missouri and an NRA-supported resolution for a strict scrutiny amendment is currently moving through the Oklahoma legislature.  

While it may seem to many gun owners that these amendments should be superfluous because the right to keep and bear arms is clearly a fundamental constitutional right and therefore deserving of strict scrutiny, several post-Heller courts have applied lower level scrutiny to laws that burden the Second Amendment.  In the Kolbe case, the panel majority’s decision to apply strict scrutiny represents an extremely important step for gun rights litigation because it ensures that the Second Amendment is given the same protection as other fundamental constitutional rights.  It may be several months before the court issues its en banc decision, but you can be sure that your NRA-ILA will keep you apprised of any further developments in this important case.

BY NRA-ILA Staff

TRENDING NOW
Connecticut’s “Convertible Pistol” Ban Picks up Where California’s Overreach Left Off

News  

Monday, February 23, 2026

Connecticut’s “Convertible Pistol” Ban Picks up Where California’s Overreach Left Off

What the Second Amendment community has long known has become increasingly difficult for gun grabbers to deny: no handgun is safe from the prohibitionist agenda.

Minnesota: Hearing on Semi-Auto and Magazine Bans Next Week

Friday, February 20, 2026

Minnesota: Hearing on Semi-Auto and Magazine Bans Next Week

On Tuesday, February 24th, the House Public Safety Finance and Policy committee will hold a hearing on two all-encompassing ban bills, House File 3433 and House File 3402

Firearms Industry “Responsible Controls” Legislation is an Existential Threat to Gun Owners

News  

Monday, February 23, 2026

Firearms Industry “Responsible Controls” Legislation is an Existential Threat to Gun Owners

Anti-gun activists think they have figured out a way around the Second Amendment, democratic accountability, and the federal Protection of Lawful Commerce in Arms Act (PLCAA) to impose a limitless raft of gun control on ...

Virginia: Gun Bill Updates As Crossover Deadline Arrives

Tuesday, February 17, 2026

Virginia: Gun Bill Updates As Crossover Deadline Arrives

Today, February 17th is the legislative crossover deadline in Virginia, and any bills that have not left their chamber of origin by the end of the day are considered dead for the session.

Virginia Gun Owners Face Magazine Confiscation!

Monday, February 2, 2026

Virginia Gun Owners Face Magazine Confiscation!

Astute Virginia gun owners anticipated terrible gun control legislation from the 2026 General Assembly. Still, some may be shocked to learn that anti-rights zealots in the Virginia Senate have advanced a bill to CONFISCATE standard capacity firearm ...

Breach of Canadian Firearm Owners’ Data: The Latest in a String of Failures

News  

Monday, February 23, 2026

Breach of Canadian Firearm Owners’ Data: The Latest in a String of Failures

Canada’s gun owners have no reason to trust the federal government, and whatever misplaced faith remains took a huge hit when details of a cybersecurity breach at the Canadian Firearms Program became public.

Oregon: Floor Vote TODAY on Ballot Measure 114 Override Bill - LAST CHANCE TO TAKE ACTION!

Monday, February 23, 2026

Oregon: Floor Vote TODAY on Ballot Measure 114 Override Bill - LAST CHANCE TO TAKE ACTION!

Today, HB 4154 is scheduled for third reading and a vote on House Bill 4145, the Ballot Measure 114 override bill. This is the last opportunity for Second Amendment advocates to oppose this bill in the ...

NRA Files Amicus Brief to Protect Gun Owners’ Private Information

Wednesday, February 18, 2026

NRA Files Amicus Brief to Protect Gun Owners’ Private Information

Today, the National Rifle Association and Second Amendment Foundation filed an amicus brief in Hall v. Sig Sauer, urging a Pennsylvania federal court to reconsider an order requiring Sig Sauer to disclose its customers’ names and ...

Virginia: Multiple Gun Control Bills Advance in Senate

Tuesday, January 27, 2026

Virginia: Multiple Gun Control Bills Advance in Senate

On Monday, January 26th, the Senate Courts of Justice Committee advanced a slate of gun control bills targeting semi-automatic firearms, standard capacity magazines, carry rights, home storage, and more.

Minnesota: Hearing Scheduled for Preemption Repeal Bill

Tuesday, February 24, 2026

Minnesota: Hearing Scheduled for Preemption Repeal Bill

Tomorrow, February 25th, the House Elections, Finance, and Government Operations Committee will hold a hearing on HF 3351, a statewide preemption repeal. 

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.