Supreme Court Vacates Md. “Assault Weapon” Ban Decision, Sends FPC Lawsuit Back to Circuit Court

WASHINGTON, DC – Firearms Policy Coalition (FPC) announced today that the United States Supreme Court has granted, vacated, and remanded its Bianchi v. Frosh lawsuit, which challenges Maryland’s ban on so-called “assault weapons.” The case will now return to the Fourth Circuit Court of Appeals “for further consideration in light of New York State Rifle & Pistol Assn., Inc. v. Bruen.” The order and other case documents can be viewed at FPCLegal.org.

Bianchi was filed in December 2020 and was dismissed sua sponte by the Court in March 2021. It was then dismissed by the Fourth Circuit Court of Appeals, who said it was “squarely foreclosed by this court’s decision in Kolbe v. Hogan.” FPC filed a petition for certiorari with the Supreme Court, who held the case pending the outcome of NYSRPA v. Bruen. With Bruen now decided, the court has returned the case to the Fourth Circuit where it can now proceed.

“This is an important moment,” said FPC Policy Counsel Matthew Larosiere. “We have suffered at the hands of government actors who felt empowered by a lack of clear standards from the Supreme Court. All too often, horrible restrictions which threaten jail time for simply owning a common type of arm–one the people have an undeniable right to–were allowed to stand. This case presents one of the first opportunities to give force to our right to these common firearms, and we intend to see it through.”

In addition to Bianchi, the Supreme Court today vacated and remanded three other Second Amendment lawsuits: ANJRPC v. Bruck (challenging New Jersey’s ban on magazines holding more than 10 rounds), Duncan v. Bonta (challenging California’s ban on magazines holding more than 10 rounds), and Young v. Hawaii (challenging Hawaii’s laws preventing people from carrying firearms in public for self-defense.)

Individuals who would like to Join the FPC Grassroots Army and support important pro-rights lawsuits and programs can sign up at JoinFPC.org. Individuals and organizations wanting to support charitable efforts in support of the restoration of Second Amendment and other natural rights can also make a tax-deductible donation to the FPC Action Foundation. For more on FPC’s lawsuits and other pro-Second Amendment initiatives, visit FPCLegal.org and follow FPC on Instagram, Twitter, Facebook, YouTube.