At a Glance
- The Supreme Court declined to take up a challenge to Maryland’s ban on assault weapons.
- Maryland’s ban, which was enacted after the Sandy Hook Elementary School shooting, remains in place as legal proceedings continue.
- The challengers sought Supreme Court intervention before the U.S. Court of Appeals for the 4th Circuit ruled on the Second Amendment issue.
- Liberal states have faced defeats in gun control cases, such as the 2022 Supreme Court ruling against New York’s concealed carry restrictions.
- An assault weapons ban is a key item on Kamala Harris’ agenda if elected in November.
Legal Landscape and History
The Supreme Court recently denied a challenge to Maryland’s ban on assault weapons, keeping the law intact as appeals proceed. Enacted after the 2012 Sandy Hook Elementary School shooting, Maryland’s law criminalizes the possession, sale, transfer, or purchase of 45 specific semiautomatic weapons. This legislation is pivotal for other gun control laws in place across nine states and the District of Columbia.
State officials maintain the ban aligns with historical firearms regulation, a standard upheld in prior court decisions. However, the case achieves new complexity from a 2022 Supreme Court ruling that requires gun laws to reflect the historical tradition of firearms regulation.
Pro-gun groups have constructed a robust legal challenge, arguing that semi-automatic weapons like the AR-15 are commonly used and protected by the Second Amendment. This case gains greater urgency as it awaits further judgment from the 4th Circuit Court, where arguments were heard in March. The appeals court had upheld the ban earlier, but tweaks in the gun law evaluation standard have plaintiffs hoping for a different outcome.
Pro-gun group plans Supreme Court fight over Maryland ‘assault weapons’ ban https://t.co/duZFOS8Jsd
— Washington Examiner (@dcexaminer) August 8, 2024
Bruen Decision’s Ripple Effect
The precedential 2022 Supreme Court ruling in New York State Rifle & Pistol Association v. Bruen has cast a long shadow over Maryland’s case. This ruling invalidated New York’s requirement for concealed-carry applicants to show “proper cause,” dramatically shifting the legal benchmarks for gun control laws. Consequently, lower courts have found several gun restrictions unconstitutional based on this redefined standard.
The case unfolds as Kamala Harris pushes for an assault weapons ban as part of her electoral platform. Critics, however, point to the previous federal ban from 1994 to 2004, which failed to significantly reduce crime rates, arguing that such legislation does not achieve intended safety outcomes.
Maryland’s Arguments and Next Steps
Maryland’s Attorney General, Anthony Brown, continues to defend the ban, citing mass shootings involving these firearms and arguing their “highly dangerous, military-style” nature justifies the prohibition. The state’s stance remains that early Supreme Court involvement is premature until the U.S. Court of Appeals for the 4th Circuit issues a definitive ruling.
As Maryland’s challenge presses forward, gun rights advocates, who argue delays in the appeals process, are keenly observing. The Supreme Court’s recent decision to not intervene further until lower court judgments adds another element of suspense to an already high-stakes legal saga.
Sources
US Supreme Court rebuffs appeal over Maryland assault weapons ban
Supreme Court turns away challenge to Maryland assault weapons ban
Supreme Court declines to hear challenge to Maryland ban on rifles known as assault weapons
Appeals court upholds Maryland’s ban on ‘excessively dangerous’ assault weapons
US Supreme Court Rebuffs Appeal Over Maryland Assault Weapons Ban