Fourth Circuit Sets the Stage for a New National Gun Ban

Fourth Circuit Sets the Stage for a New National Gun Ban

It is now three and a half months since the 2016 presidential election.  Had Hillary Clinton won, Progressives would be about now pulling the plug on the Second Amendment.

American Thinker by Jonathan F. Keiler

In an unusual opinion that at times reads more like an op-ed at the New York Times than a legal ruling, the 4th Circuit Court last week upheld Maryland’s highly restrictive “Firearms Safety Act.”  It’s apparent that the 4th Circuit acted in anticipation of a Hillary Clinton victory in November, in which case its decision would have gone unchallenged by the Supreme Court or affirmed, thus substantially laying the groundwork for the overturn of the Supreme Court’s ruling in District of Columbia v. Heller, and with that the effective national evisceration of the 2nd Amendment under a second Clinton administration.  The 4th Circuit, like a lot of people, miscalculated, and their judicial overreach should push a heretofore reluctant Supreme Court to reinforce the Heller decision.

The 4th Circuit’s decision in Kolbe et al v. Maryland was a direct, if often legally incomprehensible attempt to greatly limit the Supreme Court’s seminal decision in Heller and set the stage for a new national ban on semi-automatic rifles.  Heller held that the 2nd Amendment confers an individual not a collective right to keep and bear arms.  Kolbe, so long as it stands, says this individual right does not extend to any firearm with military utility, which is arguably pretty much every gun ever made[…]

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