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Stephen Kolbe v. Lawrence Hogan, Jr.

Court of Appeals for the Fourth Circuit · No. 14-1945 · 849 F.3d 114

Decided

👎Unfavorable to gun rights

En banc court upheld the assault-weapons and magazine ban in full and rejected the related equal protection and vagueness claims.

GunMapUSA assessment of the outcome's direction, not a statement that the court decided rightly or wrongly.

What the court held

Maryland's Firearm Safety Act banned the sale and possession of firearms it classified as assault weapons and of magazines holding more than ten rounds. Sitting en banc, the Fourth Circuit upheld the law, holding that the banned rifles and magazines are not covered by the Second Amendment at all because they are most like the military M-16, and that even if they were covered, the ban would survive intermediate scrutiny because handguns and other firearms remain available for home defense. The court also rejected the plaintiffs' equal protection and vagueness challenges. Four judges dissented, arguing the weapons are in common use by law-abiding citizens and that strict scrutiny should apply.

Summarized from the court's opinion.

What this case is about

Maryland Firearm Safety Act ban on assault weapons and large-capacity magazines

GunMapUSA summary of the issue, not a quotation from the court.

Key Dates

Read the full opinion The complete text of the court's decision, reproduced in full.

Sources

Summary of public court records. Not legal advice.