Gun-rights advocates bring twin challenges to Maryland gun-control law

By Free Republic | Created at 2025-01-07 19:41:26 | Updated at 2025-01-12 23:24:44 5 days ago

Gun-rights advocates bring twin challenges to Maryland gun-control law
scotusblog ^ | 1/6/25 | Kalvis Golde

Posted on 01/07/2025 10:31:28 AM PST by CFW

The Petitions of the Week column highlights some of the cert petitions recently filed in the Supreme Court. A list of all petitions we’re watching is available here.

The Supreme Court’s landmark 2022 gun-rights ruling in New York State Rifle and Pistol Association v. Bruen, which held that laws restricting the right to bear arms are constitutional under the Second Amendment only if a tradition of such regulation can be found in U.S. history, triggered a wave of challenges to state firearms regulations across the country. This week, we highlight petitions that ask the court to consider, among other things, two challenges to Maryland’s gun-control law in light of Bruen.

In response to the Sandy Hook Elementary School mass shooting in 2012 and other mass shootings, Maryland’s legislature passed a major gun-control law in 2013. Challengers have taken aim at two parts of the law. The first is a ban on assault rifles, such as AK-47s and AR-15s. The second is a handgun licensing regime, which requires most residents to obtain a license before purchasing a gun.

The challenge to the license requirement dates back to 2016, when a pair of gun-rights groups and Maryland residents went to federal court, arguing that the licensing requirement violates the Second Amendment. Because Maryland already mandates background checks for gun sales, the challengers emphasized, requiring residents to obtain a license before they are even eligible to buy a gun — which itself requires another background check, as well as completion of a firearms-safety course — is too restrictive of the right to bear arms.

(Excerpt) Read more at scotusblog.com ...

TOPICS: Constitution/Conservatism; Government; US: Maryland
KEYWORDS: 2ndamendment; banglist; bruen; firearm; maryland; scotus

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We have several Second Amendment cases to be argued this term:

Maryland Shall Issue, Inc. v. Moore 24-373 Issue: Whether Maryland’s handgun qualification license requirement violates the Second Amendment.

and

Snope v. Brown 24-203 Issue: Whether the Constitution permits the state of Maryland to ban semiautomatic rifles that are in common use for lawful purposes, including the most popular rifle in America.

and

Garland v. VanDerStok, No. 23-852 [Arg: 10.8.2024] Issue(s): (1) Whether “a weapon parts kit that is designed to or may readily be completed, assembled, restored, or otherwise converted to expel a projectile by the action of an explosive” under 27 C.F.R. § 478.11 is a “firearm” regulated by the Gun Control Act of 1968; and (2) whether “a partially complete, disassembled, or nonfunctional frame or receiver” that is “designed to or may readily be completed, assembled, restored, or otherwise converted to function as a frame or receiver” under 27 C.F.R. § 478.12(c) is a “frame or receiver” regulated by the act.

and

Smith & Wesson Brands v. Estados Unidos Mexicanos, No. 23-1141 [Arg: 3.4.2025] Issue(s): (1) Whether the production and sale of firearms in the United States is the proximate cause of alleged injuries to the Mexican government stemming from violence committed by drug cartels in Mexico; and (2) whether the production and sale of firearms in the United States amounts to “aiding and abetting” illegal firearms trafficking because firearms companies allegedly know that some of their products are unlawfully trafficked.

Below is a list of all cases accepted for review by SCOTUS for the 2024 Term.

https://www.scotusblog.com/case-files/terms/ot2024/

1 posted on 01/07/2025 10:31:28 AM PST by CFW

To: CottonBall; spacejunkie2001; Bshaw; ptsal; 11th_VA; Reno89519; newfreep; frogjerk; OneVike; ...

SCOTUS ping!

2 posted on 01/07/2025 10:33:58 AM PST by CFW

To: CFW

“The only restriction written into the Second Amendment is a restriction on legislating restrictions” L.Star, which every single legislation restricting the Right of the PEOPLE to keep and bear arms violates. and yet the various legislating bodies of These United States of America keep violating the law with laws that are illegal to pass with impunity.

3 posted on 01/07/2025 11:07:29 AM PST by Qwapisking (Q: know the difference between a petulant 6 y.o. and a liberal? A:age. L.Star )

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