FPC Asks Supreme Court to Strike Down Maryland “Assault Weapons” Ban
The petition for certiorari spotlights continued disregard by lower courts for Second Amendment protections recognized by nation’s highest court
Firearms Policy Coalition (FPC) is asking the United States Supreme Court to strike down Maryland’s unconstitutional ban on so-called “assault weapons” in a petition filed today. FPC’s petition seeks to have the Court overrule a misguided Fourth Circuit decision that held common semi-automatic firearms like the AR-15 rifle were “like M-16s” and unprotected by the Second Amendment. The petition for certiorari in Bianchi v. Frosh can be viewed at FPCLegal.org.
“The firearms banned by Maryland are clearly protected under any honest reading of the Second Amendment and the Court’s Heller and McDonald decisions,” said Adam Kraut, FPC’s senior director of legal operations. “For over a decade, lower courts have ignored the text of the Constitution, binding Supreme Court precedent, and the relevant history and tradition to improperly uphold bans on constitutionally protected common arms. However, this case presents the Court with an ideal vehicle to both address the scope of protected arms and constitutionally infirm analysis applied by these recalcitrant lower courts. Just as Federal District Court Judge Roger T. Benitez held in our Miller v. Bonta case, the Supreme Court should grant this petition for certiorari and make clear that these common arms are protected and cannot be banned by any government.” Read more