On March 4, the U.S. Court of Appeals for the 4th Circuit ruled that it will rehear Kolbe v. Hogan — the case which resulted in Maryland’s “assault weapons” ban being sent back to a lower court for review.
On February 4, a three-judge panel of the 4th Circuit found the ban “significantly burdens the exercise of the right to arm oneself at home,” according to the Washington Post. They ruled that the lower court needed to reanalyze the ban “using a more stringent legal standard.” The NRA-ILA praised the decision, saying, “The Fourth Circuit’s ruling is an important victory for the Second Amendment. Maryland’s ban on commonly used firearms and magazines clearly violates our fundamental, individual right to keep and bear arms for self-defense.”
Now the 4th Circuit says it will rehear the case en banc.
The NRA-ILA reports that “the outcome [of] the re-hearing is too close to call at this point.” They stress the importance of the 4th Circuit’s original decision, as it was “the first instance where a United States court of appeals required ‘strict scrutiny,’ the most stringent form of judicial review, for a ban on so-called ‘assault weapons’ and detachable magazines.”
AWR Hawkins is the Second Amendment columnist for Breitbart News and political analyst for Armed American Radio. Follow him on Twitter: @AWRHawkins. Reach him directly at firstname.lastname@example.org.