Explore The NRA Universe Of Websites

Important Second Amendment Case Reheard by Federal Appellate Court

Friday, May 13, 2016

Important Second Amendment Case Reheard by Federal Appellate Court

On Wednesday, 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. 

While it is impossible to guess how the court will rule in this case, the decision will almost certainly hinge on whether the three-judge panel correctly determined that “strict scrutiny” was the appropriate standard of review.  When courts review constitutional questions of law, they do so under differing standards.  Strict scrutiny is generally applied only where a statute creates a substantial burden on a fundamental right.  The decision to apply strict scrutiny is often seen as fatal to the challenged statute and it would almost certainly be in this case.  The bans in this case, like most gun-control laws, cannot be justified as effective public safety measures under close scrutiny by the judiciary. 

The need for strict scrutiny in cases impacting the right to keep and bear arms is the reason that NRA has led the effort to amend state right to arms provisions to clearly require the application of strict scrutiny.  This effort has already led to constitutional amendments in Alabama, Louisiana, and Missouri and an NRA-supported resolution for a strict scrutiny amendment is currently moving through the Oklahoma legislature.  

While it may seem to many gun owners that these amendments should be superfluous because the right to keep and bear arms is clearly a fundamental constitutional right and therefore deserving of strict scrutiny, several post-Heller courts have applied lower level scrutiny to laws that burden the Second Amendment.  In the Kolbe case, the panel majority’s decision to apply strict scrutiny represents an extremely important step for gun rights litigation because it ensures that the Second Amendment is given the same protection as other fundamental constitutional rights.  It may be several months before the court issues its en banc decision, but you can be sure that your NRA-ILA will keep you apprised of any further developments in this important case.

BY NRA-ILA Staff

TRENDING NOW
Kamala Harris is an Existential Threat to the Second Amendment and Supports Gun Confiscation

News  

Monday, July 29, 2024

Kamala Harris is an Existential Threat to the Second Amendment and Supports Gun Confiscation

Since President Joe Biden unceremoniously dropped out, or was forced out, of the 2024 presidential race on July 21, Vice President Kamala Harris has been effectively coronated as the Democratic presidential nominee.

Kamala for Gun Confiscation: In Her Own Words

News  

Monday, September 16, 2024

Kamala for Gun Confiscation: In Her Own Words

During the September 10 presidential debate, President Donald Trump correctly highlighted Democratic presidential nominee Kamala Harris’s support for gun confiscation. A visibly defensive Harris claimed, “We're not taking anybody's guns away. So stop with the ...

Florida: Vote "YES" on Amendment 2 - Protect the Right to Fish & Hunt

Monday, October 21, 2024

Florida: Vote "YES" on Amendment 2 - Protect the Right to Fish & Hunt

The upcoming 2024 General Election puts forth a proposal to Florida voters on the ballot to amend the State Constitution to affirm and protect Floridians' Right to Fish and Hunt. Amendment 2 states:

Kamala’s Big Problem: She’s Already Shown Us Who She Is

News  

Monday, October 28, 2024

Kamala’s Big Problem: She’s Already Shown Us Who She Is

At a town hall event on October 21 in Royal Oak, Michigan, Democrat presidential candidate Vice President Kamala Harris was asked how she would make “impactful and immediate progress around gun violence” if she was ...

Kamala Harris is an Existential Threat to the Second Amendment and Supports Gun Confiscation

News  

Monday, July 29, 2024

Kamala Harris is an Existential Threat to the Second Amendment and Supports Gun Confiscation

Since President Joe Biden unceremoniously dropped out, or was forced out, of the 2024 presidential race on July 21, Vice President Kamala Harris has been effectively coronated as the Democratic presidential nominee.

Kamala Harris’ Record on Gun Control and Second Amendment

News  

Thursday, October 3, 2024

Kamala Harris’ Record on Gun Control and Second Amendment

Vice President Kamala Harris has consistently campaigned for draconian gun control laws, which severely limit the rights of lawful gun owners.

NRA’s Political Victory Fund Endorses President Donald J. Trump

News  

Saturday, May 18, 2024

NRA’s Political Victory Fund Endorses President Donald J. Trump

Today, the National Rifle Association's Political Victory Fund (NRA-PVF) is honored to announce its full endorsement of President Donald J. Trump for re-election to a second term as President of the United States of America. ...

Tim Walz Hunts for Voters in Outdoor Photo Op

News  

Monday, October 21, 2024

Tim Walz Hunts for Voters in Outdoor Photo Op

History shows, when anti-gun politicians take to the field, gun owners have good reason to be concerned.

Michigan: Governor Whitmer Signs Bill Funding Tipline to Turn in Gun Owners

Thursday, October 10, 2024

Michigan: Governor Whitmer Signs Bill Funding Tipline to Turn in Gun Owners

Today, Governor Whitmer signed House Bill 5503. Originally a bill providing critical funding for Michigan schools, it was politicized with an amendment to create an anonymous tipline for the purpose of reporting the "unsafe" storage of firearms. The ...

Government Gaslighting: The FBI’s Crime Data Revisions

News  

Monday, October 21, 2024

Government Gaslighting: The FBI’s Crime Data Revisions

During the September 10 debate between presidential candidates Donald Trump and Kamala Harris, ABC News moderator David Muir purported to “fact-check” Trump’s statement that “crime in this country is through the roof,” with the contradiction ...

MORE TRENDING +
LESS TRENDING -

More Like This From Around The NRA

NRA ILA

Established in 1975, the Institute for Legislative Action (ILA) is the "lobbying" arm of the National Rifle Association of America. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution.