Fourth Circuit Upholds Maryland’s AWB, SAF Says It Will File Petition for Cert
BELLEVUE, Wash. — Aug. 6, 2024 — The Second Amendment Foundation (SAF) has announced they will seek Supreme Court review in Bianchi v. Wilkinson, SAF’s challenge to Maryland’s assault weapons ban, after the Fourth Circuit Court of Appeals upheld the law.
“Today’s decision from the 4th Circuit is unsurprising given their prior decision in Kolbe,” said SAF Executive Director Adam Kraut. “We believe, much like in Kolbe, the court’s analysis is flawed and that the challenged law is unconstitutional. We will be filing a petition for certiorari at the Supreme Court, as this case presents an excellent vehicle for the Court to settle this debate once and for all.”
In the 65-page opinion, judges for the majority wrote: “The assault weapons at issue fall outside the ambit of protection offered by the Second Amendment because, in essence, they are military-style weapons designed for sustained combat operations that are ill-suited and disproportionate to the need for self-defense.” Chief Judge Diaz drafted a concurring opinion, with five other judges joining.
Judge Richardson drafted a dissenting opinion, with four other judges joining stating: “The Second Amendment is not a second-class right subject to the whimsical discretion of federal judges. Its mandate is absolute and, applied here, unequivocal…In holding otherwise, the majority grants states historically unprecedented leeway to trammel the constitutional liberties of their citizens.” Read more












