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The Second Amendment Foundation and its partners in a long-running challenge of Maryland’s ban on so-called “assault weapons” have filed a reply brief in their effort to obtain certiorari from the U.S. Supreme Court.

As noted in the brief, “The case was fully briefed and argued before a three-judge panel for the Fourth Circuit. Inexplicably, over a year after argument was held and with no panel opinion issued, the Fourth Circuit sua sponte elected to hear the case en banc, further delaying the exercise of a fundamental right and seemingly to prevent publication of an opinion that favors the plaintiffs. Seeking certiorari before judgment is an extraordinary remedy reserved for cases of imperative public importance.”

SAF petitioned for certiorari in February. The case is known as Bianchi v. Frosh. The high court had previously granted certiorari in June 2022, and immediately vacated a lower court ruling and remanded the case back for further review in the aftermath of the court’s landmark New York State Rifle & Pistol Assn. v. Bruen decision.

SAF is joined in the case by the Citizens Committee for the Right to Keep and Bear Arms, Firearms Policy Coalition, Field Traders, LLC and three private citizens, David Snope, Micah Schaefer and Dominic Bianchi, for whom the case is titled. They are represented by attorneys Nicole J. Moss, David H. Thompson, Peter A. Patterson and John D. Ohlendorf with Cooper & Kirk PLLC in Washington, D.C., and Raymond M. DiGuiseppe of North Carolina.

“This case has been lingering too long in the Fourth Circuit and it needs to be resolved,” said SAF founder and Executive Vice President Alan M. Gottlieb. “There is no credible reason for inaction by the appellate court, thus allowing Maryland’s ban on commonly-owned modern semiautomatic rifles to continue. Clearly, the Supreme Court must resolve this issue.” Read more

The U.S. District Court for the Western District of Pennsylvania has handed a significant victory to the Second Amendment Foundation and young adults in the 18-20-year age group, allowing them to apply for concealed carry licenses in the state, while enjoining the state from arresting any law-abiding citizens in that age group for openly carrying firearms during a state of emergency.

The case is known as Lara v. Evanchick. SAF is joined by the Firearms Policy Coalition and three private citizens, including Madison M. Lara, for whom the case is named. They are represented by attorneys Joshua Prince of the Civil Rights Defense Group, David H. Thompson, Peter A. Patterson and John D. Ohlendorf at Cooper & Kirk, Washington, D.C.

U.S. District Judge William S. Stickman, a Donald Trump appointee, issued the ruling in which he writes the Commissioner of the Pennsylvania State Police “is hereby enjoined from arresting law-abiding persons 18 to 20 years old who openly carry firearms during a state of emergency declared by the Commonwealth of Pennsylvania.” Judge Stickman further enjoined the commissioner and his subordinates from preventing “any individual between the ages of 18 and 20 years old, who are not disqualified from exercising their Second Amendment rights from carrying loaded, operable firearms, including handguns, on their person, in public and in their vehicles, for all lawful purposes including self-defense.”

“Judge Stickman’s injunction has conferred the same Second Amendment rights upon 18-20-year-olds that those over 21 have had,” said Adam Kraut, SAF’s Executive Director. “Now 18-20-year-olds in Pennsylvania may apply for License to Carry Firearms and the state’s draconian transportation laws have been enjoined from enforcement. This is a victory for Second Amendment rights in PA.” Read more