Federal Judge Upholds Maryland "Assault Weapon" Ban

Last week, we reported on a federal court striking down New Jersey’s AR-15 ban. Now another national court has taken the opposite stance on a similar law in Maryland. The conflicting rulings illustrate how divisive gun laws have become even amongst the country’s highest courts.

AR-15 rifles like this one remain illegal in Maryland.

Federal Judge Upholds Maryland “Assault Weapons” Ban

On Tuesday, the Fourth US Circuit Court voted 10-5 to uphold Maryland’s draconian ban on so-called “assault weapons.” Explaining its decision, the court said that banning “excessively dangerous weapons” was not unconstitutional.

In an 84-page opinion, Judge Harvie Wilkinson stated that the court would “decline to wield the Constitution to declare that military-style armaments which have become primary instruments of mass killing and terrorist attacks in the United States are beyond the reach of our nation’s democratic processes."

The ban specifically prohibits citizens from owning AR-15s, AK-47s, and other common types of semi-auto rifles by name. Citizens may not own any firearms that are not specifically approved by the Maryland State Police.

Background

Like California, New York, and Illinois, Maryland has some of the most restrictive gun laws in the nation. Maryland laws highly restrict not only who can own a gun, but what kind of guns they can possess.

Maryland has prohibited its citizens from owning assault weapons for more than a decade. Lawmakers in the state passed an “assault weapon” ban in the wake of the Sandy Hook shooting in Connecticut in 2012.

The state bans many types of firearms with cosmetic features like pistol grips and flash suppressors, in addition to prohibiting magazines with a capacity higher than 10 rounds.

The Big Picture

We have absolutely not seen the last of this case. Both the Firearms Policy Coalition (FPC) and Second Amendment Foundation – two of today’s most formidable gun rights groups – have stated their intention to appeal the decision. The groups have also called on the US Supreme Court to weigh in on the case.

If the Supreme Court hears this case, it would be the first time they have ruled on an assault weapon ban since the landmark 2022 NYSPRA v Bruen decision. That decision requires any gun control laws in the US to have some kind of historical precedent.

The Fourth Circuit argues that Maryland’s assault weapon ban does have a historical analogue. We’ll see what the country’s higher courts think on appeal.