4th Circuit vacates ruling upholding absurdly restrictive Maryland gun law

4th Circuit vacates ruling upholding absurdly restrictive Maryland gun law
(Image: File, via Fox 5 San Diego)

[Ed. – This is Actual Good News.]

On Thursday, a three-judge panel vacated a ruling by a Maryland district court that had upheld the state’s ban on so-called “assault weapons” and large-capacity magazines (holding more than 10 rounds). …

What was most interesting about the decision was the commonsense way in which the Fourth Circuit described the Maryland law on assault weapons and large-capacity magazines (emphasis added):

In April 2013, Maryland passed the Firearm Safety Act, which among other things, bans law-abiding citizens, with the exception of retired law enforcement officers, from possessing the vast majority of semi-automatic rifles commonly kept by several million American citizens for defending their families and homes and other lawful purposes.

The court also pointed out that “the record in this case shows unequivocally” that large-capacity magazines, or LCMs, “are commonly kept by American citizens, as there are more than 75 million such magazines in circulation in the United States.” “In fact,” according to the court, “these magazines are so common that they are standard.”

The court totally rejected the far-fetched argument of the state of Maryland that the Second Amendment does not apply to “detachable magazines because magazines are not firearms—that is, detachable magazines do not constitute ‘bearable’ arms that are expressly protected by the Second Amendment.”

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