Second Amendment Gun Rights Case Reheard by Federal Court

Second Amendment Gun Rights Case Reheard by Federal Court

Second Amendment Gun Rights Case Reheard by Federal Court

On Wednesday May 11th 2016, 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.