On Tuesday, August 6, 2024, the 4th U.S. Circuit Court of Appeals upheld Maryland’s ban on assault-style weapons, rejecting arguments from gun rights advocates that the law violates the Second Amendment. The decision, made by a majority of the court’s full roster of 15 judges, affirms the constitutionality of Maryland’s Firearm Safety Act of 2013.
The law, passed in response to the 2012 Sandy Hook Elementary School shooting in Connecticut, prohibits the sale of 45 types of assault weapons, including the AR-15. It also limits gun magazines to 10 rounds.
Judge J. Harvie Wilkinson III, writing for the majority, stated, “The banned assault weapons fall outside Second Amendment protection as dangerous and unusual arms.” He added, “Moreover, the Maryland law fits comfortably within our nation’s tradition of firearms regulation.”
The court’s decision comes in the wake of the 2022 U.S. Supreme Court ruling in New York State Rifle & Pistol Association v. Bruen, which expanded gun rights and required gun laws to be consistent with the nation’s historical tradition of firearm regulation.
Maryland Attorney General Anthony Brown praised the court’s decision, saying, “The Court’s decision today will save lives. Access to weapons of war that have no place in our communities causes senseless and preventable deaths.”
However, the ruling was not unanimous. Five judges dissented, with Judge Julius Richardson arguing that the majority “misconstrues the nature of the banned weapons to demean their lawful use.” Richardson wrote, “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.”
The Firearms Policy Coalition Inc., one of the plaintiffs challenging Maryland’s law, announced its intention to appeal to the Supreme Court. Brandon Combs, the coalition’s president, stated, “Our objective is simple: End all bans on so-called ‘assault weapons’ nationwide. And we look forward to doing just that.”
This decision is part of a broader national debate on gun control and the Second Amendment. At least eight other states have similar bans on assault weapons, and this ruling could influence pending cases in other jurisdictions.
The case highlights the ongoing tension between public safety concerns and individual gun rights, a debate that has intensified following recent mass shootings across the country. As the legal battle continues, it remains to be seen how the Supreme Court will address this issue in light of its recent expansion of gun rights.
Citations:
[1] https://www.reuters.com/legal/government/us-appeals-court-upholds-marylands-assault-weapons-ban-2024-08-06/
[2] https://www.courthousenews.com/maryland-assault-weapons-ban-survives-fourth-circuit-challenge/
[3] https://www.ca4.uscourts.gov/opinions/211255.P.pdf
[4] https://www.baltimoresun.com/2024/08/06/4th-circuit-upholds-maryland-ban-assault-weapons/
[5] https://www.politico.com/news/2024/08/06/maryland-assault-weapons-ban-upheld-00172993
[6] https://www.law.com/nationallawjournal/2024/08/08/4th-circuit-upholds-maryland-assault-weapons-ban-in-split-ruling/
[7] https://marylandmatters.org/2024/08/06/federal-appeals-court-upholds-2013-maryland-assault-weapons-ban/
Last modified: June 20, 2025
