Thursday, February 23, 2017

Fourth Circuit Screws Up

It looks like the Fourth Circuit screwed-the-pooch on the Maryland Assault Weapon Ban.  Jazz Shaw talks about it here.  Likewise, Charles Cooke talks about it here.  When you go to the decision, we see this interesting little phrase.
“weapons that are most useful in military service”
This is a test I haven't seen before, and others are commenting on it as well.

Reading the opinion, I see a lot of trying to conflate the AR pattern rifles with the M-16 pattern rifles.

I think they got this one wrong, and when it's appealed, it should be struck down.

My argument is that rifles that are "useful in military service" are precisely the rifles that the Founders were talking about when they talked about the militia.

1 comment:

Dave said...

That argument is made, in dicta at least, in U.S. v. Miller.

The holding that the case should be returned to the original court for a finding of fact as to whether or not the weapon concerned had militia utility would seem to imply that if it did, it should be protected, as well.