Two out of three judges for the U.S. Court of Appeals voted in favor of re-considering Maryland's current ban on civilians owning assault rifles. The move by the majority of the panel was applauded by gun advocates who believe that the gun control law on such weapons is unconstitutional.
The statute was passed along with other strict gun control measures following the Sandy Hook Elementary School shooting in December 2012 in Newton, Connecticut, according to the Wall Street Journal. In response to the incident, various states implemented measures prohibiting civilians from owning firearms dubbed as assault weapons, such as the AR-15 and the AK-47. In addition, under Maryland's Firearm Safety Act, which was imposed by the lower Fourth Circuit Court, a ban was also implemented on the sale of high-capacity magazines or those that can carry over 10 rounds.
In response, gun advocates including the National Rifle Association called the rulings overly broad and noted that they violate the constitutional rights of law-abiding citizens to own firearms. They maintained that through the Second Amendment, which states the individuals have the right to bear arms, they can ensure their personal safety through gun ownership.
"For a law-abiding citizen who, for whatever reason, chooses to protect his home with a semi-automatic rifle instead of a semi-automatic handgun, or possesses [a large-capacity magazine] for use in firearms kept in the home, the [Firearm Safety Act] significantly burdens the exercise of the right to arm oneself at home," Judge William Traxler Jr., one of the panel members who voted for the re-consideration of the law, stated in a court opinion document.
Through the majority vote reached in the U.S. Court of Appeals panel, it is highly possible that the case regarding Maryland's currently laws on gun ownership will be revisited in the Supreme Court. However, it is not yet clear when this will happen as it will have to pass through the U.S. District Court first, Baltimore Sun has learned.
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