Maryland Seeking to Ignore Law when it comes to Semi-Automatic Rifles
The precedent has already been set. The U.S. Supreme Court ruled in the 2008 Heller ruling, 2010 McDonald decision and 2022 Bruen ruling. Semi-Automatic weapons are protected under the Second Amendment. Yet, Maryland has gone off on its own and said that Semi-Automatic weapons that are identified as “Assault Weapons” do not apply.
Wait. Wut?
The Second Amendment Foundation is petitioning the Supreme Court tell the Fourth U.S. Circuit Court of Appeals to go pound sand. In effect, the state of Maryland is choosing to squirrel its way into telling its citizens that the Supreme Court didn’t really rule the way it did.
The Second Amendment Foundation has filed a petition for certiorari to the U.S. Supreme Court in its continuing challenge of a ban on modern semiautomatic rifles in the state of Maryland, arguing that high court review is necessary to ensure the Second Amendment is “not truncated into a limited right.”
SAF is joined by the Citizens Committee for the Right to Keep and Bear Arms and the Firearms Policy Coalition, and a private citizen, David Snope. They are represented by attorneys David H. Thompson, Peter A. Patterson, Nicole J. Moss and John D. Ohlendorf at Cooper & Kirk in Washington, D.C.; Raymond M. DiGuiseppe at DiGuiseppe Law Firm in Southport, N.C. The case is known as Bianchi v. Frosh.
The petition was filed after the Fourth U.S. Circuit Court of Appeals ruled those modern semiautomatic rifles—commonly misidentified as “assault weapons”—are not protected by the Second Amendment because they are “too similar” to a fully-automatic military rifle known as the M16. SAF and its partners contend this reasoning “is becoming a commonplace misapplication” of Supreme Court precedents established by the 2008 Heller ruling, 2010 McDonald decision and 2022 Bruen ruling.
“The Fourth Circuit, as well as other federal courts, are attempting to flip the Supreme Court’s Heller ruling on its head,” said SAF founder and Executive Vice President Alan M. Gottlieb. “They are essentially arguing the arms protected by the Second Amendment are limited only to certain state-approved firearms, which would make it no right at all, but a government-regulated privilege. This is the third time we have petitioned the high court in this case.”
“Certiorari is required in this case,” said SAF Executive Director Adam Kraut, “to correct an increasingly widespread misunderstanding of the Supreme Court precedent, and the Second Amendment, itself. The specific type of firearm in question is commonly owned across the country, placing it well within the scope of the Second Amendment.”
A spokesman for the group joins us now to discuss these findings further. We welcome them to the show!
Q&A:
- Can you explain the core arguments presented in your petition for certiorari to the U.S. Supreme Court in the case of Bianchi v. Frosh? How does this case challenge Maryland’s ban on modern semi-automatic rifles?
- What specific aspects of the Fourth Circuit’s ruling do you believe are a misapplication of the Supreme Court precedents set by Heller, McDonald, and Bruen?
- The Fourth Circuit has ruled that semi-automatic rifles are “too similar” to the M16, a fully-automatic weapon. How do you counter this reasoning in your petition?
- Why is it important for the Supreme Court to review this case? What impact could the high court’s decision have on Second Amendment rights across the country?
- Can you discuss the role of the Citizens Committee for the Right to Keep and Bear Arms, the Firearms Policy Coalition, and David Snope in this case? How do their contributions support your petition?
- What do you see as the broader implications if the Supreme Court were to side with Maryland and uphold the ban on semi-automatic rifles? How might this affect Second Amendment jurisprudence?
- How has the Second Amendment Foundation responded to arguments that semi-automatic rifles are not protected under the Second Amendment? What evidence or legal precedents support your position?
- The petition was filed after a prior Fourth Circuit ruling. Can you provide insights into the legal strategy and steps taken before this petition was necessary?
- What are the main points of contention between your foundation and the state of Maryland regarding the definition and scope of “assault weapons”?
- How does the Second Amendment Foundation plan to address and counter the claims that modern semi-automatic rifles pose a unique threat compared to other firearms protected by the Second Amendment?Where can people call in to pledge their support to the CCRKBA?
a. The number to support the group is (800) 699-0992. - Where can we learn more about the CCRKBA and its members?
a. Those interested can visit our home page at https://www.ccrkba.org.
CCRKBA (Second Amendment Foundation) spokespersons available to be your guest:
ABOUT CHRIS CHENG (In Pacific Time)
Chris Cheng serves on the advisory council to the Second Amendment Foundation’s Board of Trustees. He is the History Channel’s Top Shot Season 4 Champion and author of the book “Shoot to Win.” Cheng is an Asian D&I advocate in the gun community; a former Google employee who went from self-taught amateur to pro shooter.
ABOUT CAM EDWARDS (In Eastern Time)
Cam Edwards is the editor at Bearing Arms-dot-com and hosts the popular podcast Cam & Company that focuses on Second Amendment news and information. Cam is originally from Oklahoma City, Oklahoma, and has worked in radio, television, and online media for over two decades. He currently lives on a small farm with his family near Farmville, Virginia, and is a member of the board of Citizens Committee to Keep and Bear Arms.
ABOUT MARK WALTERS (in Eastern Time):
Mark Walters is a member of the board of directors for the Citizens Committee for the Right to Keep and Bear Arms. As a nationally syndicated host of two talk radio programs, Armed American Radio and Armed American Radio’s Daily Defense, Mark is heard on hundreds of stations weekly across the country. Mark is the co-founder of Armed American News and the recipient of the 2015 “Gun Rights Defender of the Year award.” In addition, Mark Walters is co-author of three books, including Lessons from Armed America, Lessons from Unarmed America, and Grilling While Armed.
ABOUT LEE WILLIAMS (In Eastern Time)
Lee Williams is also known as The Gun Writer and has been writing about the Second Amendment, firearms, the firearms industry, and the gun culture for more than ten years.
He is the Chief Editor of the Second Amendment Foundation’s Investigative Reporting Project and is a frequent contributor to Ammoland News and Armed American Radio. In addition, Lee serves as a board member of Florida Carry, Inc. He was also an editor for a daily newspaper in Florida. Before becoming a newspaper editor, Lee was an investigative reporter in three states and a U.S. Territory. Before becoming a journalist, he worked as a police officer. Before becoming a cop, Lee served in the Army. Lee has earned more than a dozen national journalism awards as a reporter and three medals of valor as a police officer.
ABOUT DAVE WORKMAN (In Pacific Time):
Dave Workman is an award-winning career journalist and senior editor of TheGunMag.com. He writes for Liberty Park Press, Conservative Firing Line, and is communications director for the Citizens Committee for the Right to Keep and Bear Arms. He has authored Op-Ed pieces in several major newspapers, including the Chicago Tribune, Seattle Times, and Atlanta Journal-Constitution, and co-authored seven books with Second Amendment Foundation Alan Gottlieb. Workman’s beat is firearms, from politics to the outdoors. He is widely considered an authority on firearms, concealed carry, and gun politics.
ABOUT BILL SACK:
Bill Sack is the Director of Legal Operations at Second Amendment Foundation and is a practicing attorney and graduate of The George Washington University and Widener Law School. He brings five years of direct experience in the Second Amendment advocacy space, including as Director of Legal Operations for a liberty-based advocacy non-profit as well as a decade of experience in management, marketing and PR. As Director of Legal Operations, Bill is responsible for oversight of SAF’s legal program to include litigation inception and management, tracking active cases, educating the public and cultivating SAF’s attorney referral network.
ABOUT ADAM KRAUT (In Eastern Time):
Adam Kraut is the Second Amendment Foundation’s Executive Director. He brings almost a decade of experience in the Second Amendment realm as a litigator and educator. Throughout his career, Kraut has represented individuals, companies, and institutional plaintiffs in state and federal litigation and regulatory matters. In addition to his legal background, Kraut draws management experience from his time in the non-profit world, where he was responsible for overseeing the programmatic functions of a liberty-based non-profit, which concentrated on Second Amendment issues. He also managed a federal firearms licensee. Kraut comes with a variety of media experience, having written for publications such as Recoil magazine, Recoil Web, and other online publications, writing and hosting a YouTube series, hosting and appearing as guest on multiple podcasts, and appearing on television.
The Second Amendment Foundation (www.saf.org) is the nation’s oldest and largest tax-exempt education, research, publishing, and legal action group focusing on the Constitutional right and heritage to privately own and possess firearms. Founded in 1974, The Foundation has grown to more than 700,000 members and supporters and conducts many programs designed to better inform the public about the consequences of gun control.
CONTACT: Todd Baumann at 512-966-0983 or Bookings@specialguests.com
