Maryland Gun Law Ruling — ‘Strict Scrutiny’ Should Apply

Appeals Court Remands Decision for ‘Strict Scrutiny’ of Second Amendment Issue.
Earlier this week, the U.S. Court of Appeals for the Fourth Circuit overturned a Federal District Court decision finding the 2013 State of Maryland Firearm Safety Act (FSA) to be constitutional under “intermediate scrutiny” review. In the Case of Kolbe v. Maryland, the Appellate Court held that Maryland’s FSA should, as a matter of law, be subject to “strict scrutiny” under the Second Amendment of the U.S. Constitution. The Kolbe v. Maryland case was filed to challenge Maryland’s 2013 ban on so-called assault weapons and high-capacity magazines.

The National Shooting Sports Foundation (NSSF), which helped challenge the Maryland law, explained that this bodes well for those seeking to nullify portions of Maryland’s 2013 FSA which imposed broad restrictions on firearms including semi-automatic rifles. The NSSF reports:

The [Appellate Court] vacated the District Court’s denial of the plaintiffs’ claims and remanded the case to the lower court, ordering that it apply the appropriate strict standard of review.

Writing for the three-judge appellate court panel that heard the case, Kolbe v. Maryland, Chief Judge William B. Traxler wrote: “In our view, Maryland law implicates the core protection of the Second Amendment — ‘the right of law-abiding responsible citizens to use arms in defense of hearth and home, District of Columbia v. Heller, 554 U.S. 570,635 (2008), and we are compelled by Heller and McDonald v. City of Chicago, 561 U.S. 742 (2010), as well as our own precedent in the wake of these decisions to conclude that the burden is substantial and strict scrutiny is the applicable standard or review for Plaintiffs’ Second Amendment claim.”

“We are greatly heartened by the Fourth Circuit panel’s ruling today,” said Lawrence G. Keane, NSSF Senior Vice President and General Counsel. “As this important case goes forward, NSSF will continue to work with our co-plaintiffs to ensure that our citizens’ Second Amendment rights are protected and that the lawful commerce in firearms is restored in support of this constitutional protection.”

Response from NRA Institute for Legislative Action
Chris W. Cox, the executive director of the National Rifle Association’s Institute for Legislative Action, issued the following statement in reaction to the 4th Circuit Court of Appeals decision in Kolbe v. Maryland: “The Fourth Circuit’s ruling is an important victory for the Second Amendment. Maryland’s ban on commonly owned firearms and magazines clearly violates our fundamental, individual right to keep and bear arms for self-defense. The highest level of judicial scrutiny should apply when governments try to restrict our Second Amendment freedoms.”