“Our friends in dissent would rule the Maryland statute unconstitutional,” Judge J. Harvie Wilkinson III wrote for the court. “They would go so far as to uphold a facial challenge to the enactment, meaning that there is no conceivable weapon, no matter how dangerous, to which the Act’s proscriptions can validly be applied.”
August 08, 2024 at 05:09 PM
5 minute read
The U.S. Court of Appeals for the Fourth Circuit has triggered a fiery internal debate and potential Supreme Court review with its 10-5 en banc decision affirming Maryland’s assault weapons ban as constitutional.
The appeals court upheld Maryland’s Firearm Safety Act in a ruling Tuesday, citing District of Columbia v. Heller and New York State Rifle & Pistol Association v. Bruen as authority for its majority opinion.
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Judge J. Harvie Wilkinson III, of the U.S. Court of Appeals for the Fourth Circuit. Photo by Diego M. Radzinschi/ALM
