Appeals Court Remands Decision For ‘Strict Scrutiny’ Of Second Amendment
By National Shooting Sports Foundation
The U.S. Court of Appeals for the Fourth Circuit on Thursday overturned a federal district court decision that had upheld the 2013 State of Maryland Firearm Safety Act as constitutional under intermediate scrutiny review.
Writing for the three-judge appellate court panel that heard the case, Kolbe v. Maryland, Chief Judge William B. Traxler wrote: “In our view, Maryland law implicates the core protection of the Second Amendment — ‘the right of law-abiding responsible citizens to use arms in defense of hearth and home, District of Columbia v. Heller, 554 U.S. 570,635 (2008), and we are compelled by Heller and McDonald v. City of Chicago, 561 U.S. 742 (2010), as well as our own precedent in the wake of these decisions to conclude that the burden is substantial and strict scrutiny is the applicable standard or review for Plaintiffs’ Second Amendment claim.”
The court vacated the district court’s denial of the plaintiffs’ claims and remanded the case to the lower court, ordering that it apply the appropriate strict standard of review.
“We are greatly heartened by the Fourth Circuit panel’s ruling today,” said Lawrence G. Keane, Senior Vice President and General Counsel, National Shooting Sports Foundation (NSSF), one of the lead plaintiffs in this case. “As this important case goes forward, NSSF will continue to work with our co-plaintiffs to ensure that our citizens’ Second Amendment rights are protected and that the lawful commerce in firearms is restored in support of this constitutional protection.”
The National Shooting Sports Foundation is the trade association for the firearms industry. Its mission is to promote, protect and preserve hunting and the shooting sports. Formed in 1961, NSSF has a membership of more than 13,000 manufacturers, distributors, firearms retailers, shooting ranges, sportsmen’s organizations and publishers. For more information, visit nssf.org.