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
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 ...

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) ...

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 - ...

Just One More Step: Australia’s New Weapon Laws

News  

Monday, March 24, 2025

Just One More Step: Australia’s New Weapon Laws

Australia implemented a firearm ban and mandatory confiscation in 1996 pursuant to the National Firearms Agreement, in which nearly 700,000 privately-owned firearms were turned in to the government and destroyed. 

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.”

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. 

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.

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 ...

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.