The Second Amendment Foundation (SAF) has announced they will seek Supreme Court review in Bianchi v. Wilkinson, SAF’s challenge to Maryland’s assault weapons ban, after the Fourth Circuit Court of Appeals upheld the law.
Maryland law prohibits the purchase and possession of commonly possessed semi-automatic firearms categorized as “assault weapons,” unless they were possessed prior to Oct. 1, 2013. The law defines “assault weapons” to include, among other things, semi-automatic rifles with the capacity to accept a detachable magazine coupled with at least two of the following characteristics: a pistol grip, a flash suppressor, or a grenade/flare launcher. The law also bans certain firearms by name.
Originally filed in 2021, the case worked its way to the Supreme Court, where it was sent back to the Fourth Circuit post Bruen. For 13 months the case sat before a panel, ready for a decision, before the Fourth Circuit elected to hear it en banc, adding to the delay in a decision. The Fourth Circuit’s latest ruling sets the stage for another petition for SCOTUS review.
In a press release announcing the ruling, SAF Executive Director Adam Kraut said: “Today’s decision from the Fourth Circuit is unsurprising given their prior decision in Kolbe. We believe, much like in Kolbe, the court’s analysis is flawed and that the challenged law is unconstitutional. We will be filing a petition for certiorari at the Supreme Court, as this case presents an excellent vehicle for the Court to settle this debate once and for all.”
Although the Fourth Circuit ruling could potentially have far-reaching industry implications, SAF is positioned to continue the fight against these unconstitutional bans across the country. In addition to Bianchi, SAF currently has seven other cases on dockets across the nation challenging the bans. Those include:
Should you have any questions or need more information, please don’t hesitate to get in touch with SAF Senior Vice President/Vice President of Development Lauren Hill at lhill@saf.org. If you would like more detailed information on this case, or any of the more than 55 active cases in which SAF is involved, visit saf.org where all current cases are listed under the Legal Action section.