A new ruling in the 4th Circuit Court of Appeals conflicts the rulings in other Circuit Courts and seems likely to force the Supreme Court to address this issue.
. . . In a 2-1 decision applauded by gun rights advocates, a three-judge panel of the U.S. Court of Appeals for the 4th Circuit concluded that the semiautomatic weapons and high-capacity magazines banned by Maryland’s Firearm Safety Act “are in common use by law-abiding citizens.” As a result, they don’t fall under the exception to the right to bear arms that applies to “unusual” weapons such as machine guns and hand grenades, the court said.
Maryland Attorney General Brian E. Frosh said Thursday that the decision “conflicts sharply with rulings of other federal appellate courts.” Frosh said he would appeal — either to the full 15-member 4th Circuit or to the U.S. Supreme Court. . . .
Given the Supreme Court’s decision in Heller, the use of a standard above strict scrutiny in striking down the DC handgun ban it seems appropriate for this decision was also based on strict scrutiny.