Supreme Court Vacates Decision Upholding Maryland “Assault Weapon” Ban
WASHINGTON, DC (June 30, 2022) – Firearms Policy Coalition (FPC) announced today that the United States Supreme Court has granted, vacated, and remanded its Bianchi v. Frosh lawsuit, which challenges Maryland’s ban on so-called “assault weapons.” The case will now return to the Fourth Circuit Court of Appeals “for further consideration in light of New York State Rifle & Pistol Assn., Inc. v. Bruen.” The order and other case documents can be viewed at FPCLegal.org.
Bianchi was filed in December 2020 and was dismissed sua sponte by the Court in March 2021. It was then dismissed by the Fourth Circuit Court of Appeals, who said it was “squarely foreclosed by this court’s decision in Kolbe v. Hogan.” FPC filed a petition for certiorari with the Supreme Court, who held the case pending the outcome of NYSRPA v. Bruen. With Bruen now decided, the court has returned the case to the Fourth Circuit where it can now proceed.
“This is an important moment,” said FPC Policy Counsel Matthew Larosiere. “We have suffered at the hands of government actors who felt empowered by a lack of clear standards from the Supreme Court. All too often, horrible restrictions which threaten jail time for simply owning a common type of arm–one the people have an undeniable right to–were allowed to stand. This case presents one of the first opportunities to give force to our right to these common firearms, and we intend to see it through.”
In addition to Bianchi, the Supreme Court today vacated and remanded three other Second Amendment lawsuits: ANJRPC v. Bruck (challenging New Jersey’s ban on magazines holding more than 10 rounds), Duncan v. Bonta (challenging California’s ban on magazines holding more than 10 rounds), and Young v. Hawaii (challenging Hawaii’s laws preventing people from carrying firearms in public for self-defense.)
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Firearms Policy Coalition (firearmspolicy.org), a 501(c)4 nonprofit organization, exists to create a world of maximal human liberty, defend constitutional rights, advance individual liberty, and restore freedom. FPC’s efforts are focused on the Right to Keep and Bear Arms and adjacent issues including freedom of speech, due process, unlawful searches and seizures, separation of powers, asset forfeitures, privacy, encryption, and limited government. The FPC team are next-generation advocates working to achieve the Organization’s strategic objectives through litigation, research, scholarly publications, amicus briefing, legislative and regulatory action, grassroots activism, education, outreach, and other programs. FPC Law (FPCLaw.org) is the nation’s first and largest public interest legal team focused on the Right to Keep and Bear Arms, and the leader in the Second Amendment litigation and research space.