Second Amendment does not cover ‘weapons of war,’ US …
February 22, 2017 "Assault weapons" are not covered by the Second Amendment, a federal appeals court has found.
On Tuesday, the Fourth Circuit Court of Appeals voted 10-4 to uphold a Maryland law, which bans 45 kinds of guns and places a 10-round limit on gun magazines. The law implemented after the 2012 Sandy Hook Elementary School shooting that killed 20 students and six teachers in Newtown, Conn. is intended to protect against gun violence.
For Judge Robert King and the majority in this ruling, certain kinds of rifles are weapons of war, meaning they are not covered under the Second Amendmentfor the purpose of self-defense. That distinction is explicitly drawn in the 2008 Supreme Court decision in District of Columbia v. Heller, Mr. King wrote.
Others on the court sided with gun rights advocates, arguing that the right to bear arms does not depend on the weapon chosen, and noting the popularity of military style rifles.
"For a law-abiding citizen who, for whatever reason, chooses to protect his home with a semi-automatic rifle instead of a semi-automatic handgun, Maryland's law clearly imposes a significant burden on the exercise of the right to arm oneself at home, wrote Judge William Traxlerin a dissent, calling for a stringent review of the decision.
In the wake of shootings like Sandy Hook and Orlando, where so-called military-style "assault" rifles were used, local communities and advocacy groups have pushed for limits on the types of weapons available for sale. After the Orlando shooting, 57 percent of Americans supported a nationwide ban on assault weapons, according to a CBS News poll.
Similar gun control bills have struggled to gain traction in Congress, leaving states to implement their own bans as they see fit. Currently, seven states and the District of Columbia have enacted laws banning semiautomatic rifles, according to the Law Center to Prevent Gun Violence, a gun control advocacy group.
Some of these laws have faced legal challenges on Second Amendment grounds. In the case of Maryland, the National Rifle Association is exploring its options for appealing the ruling, NRA spokeswoman Jennifer Baker told the Associated Press.
"It is absurd to hold that the most popular rifle in America is not a protected 'arm' under the Second Amendment, she said, saying the NRA estimates between 5 million and 10 million AR-15s are currently owned legally in the United States. That means, she indicated, that the Maryland ruling goes against a provision inD.C. v. Heller that protects weapons that are in common and lawful use at the time from being banned.
The US Supreme Court has been reluctant to hear such Second Amendment challenges, however. In June, the nations highest court declined to take up cases against similar gun bans in New York and Connecticut.
Legal scholars suggest the Supreme Court typically wont get involved unless lower courts cant reach consensus. In that way, they say, the Supreme Court gives tacit approval to state bans on certain kinds of guns.
The Maryland law, which supporters say backs up the states interest in protecting public safety, is still open to scrutiny at the lower level, and it remains to be seen whether the Supreme Court would consider any Second Amendment challenge.
"Governments are now in the process of testing what restraints the Court will consider to be reasonable and which it will not, John Vile, a constitutional scholar at Middle Tennessee State University in Murfreesboro, told Henry Gass for The Christian Science Monitor in June.
This report contains material from the Associated Press and Reuters.
See the original post here:
Second Amendment does not cover 'weapons of war,' US ...
- Second Amendment could include owning cannons, heavily armed ships: UPenn law professor - The College Fix - August 14th, 2026 [August 14th, 2026]
- The New York Timess right to kill story gets the Second Amendment backward - Washington Examiner - August 14th, 2026 [August 14th, 2026]
- DOJ holds off on appeal of gun law, giving hope to Second Amendment groups - Baltimore Sun - August 14th, 2026 [August 14th, 2026]
- PLAINTIFFS SUBMIT LETTER TO DOJ/ATF SEEKING CLARITY IN NFA INJUNCTION RULING - Second Amendment Foundation - August 14th, 2026 [August 14th, 2026]
- Press Release: Jimmy Patronis Joins GOP Letter Urging DOJ to Back Second Amendment Ruling - Quiver Quantitative - August 14th, 2026 [August 14th, 2026]
- El-Sayed argued against the Second Amendment in unearthed social media videos - WFIN - August 14th, 2026 [August 14th, 2026]
- Dunlap and LePage try to outgun each other over support for Second Amendment - Maine Morning Star - August 11th, 2026 [August 11th, 2026]
- Second Amendment Advocate Takes Fight to Washington - The South Shore Press - August 9th, 2026 [August 9th, 2026]
- SAF FILES MOTION FOR PRELIMINARY INJUNCTION IN CA GLOCK BAN LAWSUIT - Second Amendment Foundation - August 9th, 2026 [August 9th, 2026]
- Second Amendment Foundation Weighs In On Proposed ATF Rule Changes - AOL.com - August 9th, 2026 [August 9th, 2026]
- Ask Jordan: Is a personal nuclear weapon protected by the Second Amendment? - MS NOW - July 24th, 2026 [July 24th, 2026]
- Ammunition Depot and NRA Partner to Expand Support for Second Amendment Litigation - American Rifleman - July 24th, 2026 [July 24th, 2026]
- Constitutional Second Amendment Assault-style firearms - Rhode Island Lawyers Weekly - July 24th, 2026 [July 24th, 2026]
- Virgin Islands US Second Amendment - Rutland Herald - July 24th, 2026 [July 24th, 2026]
- Second Amendment freedom guarantees all our freedoms - Washington Times - July 24th, 2026 [July 24th, 2026]
- Virgin Islands US Second Amendment - The Herald Journal - July 24th, 2026 [July 24th, 2026]
- Supreme Court Makes the Right Call on the Second Amendment - Daily Signal - July 24th, 2026 [July 24th, 2026]
- SAF FILES MOTION FOR PRELIMINARY INJUNCTION IN MARYLAND GLOCK BAN CASE - Second Amendment Foundation - July 24th, 2026 [July 24th, 2026]
- Irans Unarmed Citizens Show Why the Second Amendment Still Matters - NSSF | The Firearm Industry Trade Association - July 18th, 2026 [July 18th, 2026]
- Trump-appointed 9th Circuit judge implores SCOTUS to issue 'benchslaps' over Second Amendment - Law and Crime News - July 18th, 2026 [July 18th, 2026]
- THIRD CIRCUIT STRIKES DOWN NEW JERSEY ASSAULT WEAPONS BAN, BOLSTERING SAFS CASES BEFORE THE SUPREME COURT - Second Amendment Foundation - July 18th, 2026 [July 18th, 2026]
- Schmidt Issues Statement on Second Amendment Preservation Act - Ohio House of Representatives (.gov) - July 18th, 2026 [July 18th, 2026]
- SCOTUS Unanimously Ruled That the Second Amendment Trumps Anti-Drug Sentiment - Yahoo - June 24th, 2026 [June 24th, 2026]
- 'Why would only the Second Amendment right have this litmus test?': Gun law analyst breaks down WA's 83% background check fee hike - MyNorthwest.com - June 24th, 2026 [June 24th, 2026]
- Supreme Court: Law Cited in Hunter Biden Case Violates the Second Amendment - National Review - June 24th, 2026 [June 24th, 2026]
- SCOTUS Unanimously Ruled That the Second Amendment Trumps Anti-Drug Sentiment - Reason Magazine - June 24th, 2026 [June 24th, 2026]
- CCRKBA Hails Unanimous SCOTUS Ruling on Second Amendment - Outdoor Wire - June 24th, 2026 [June 24th, 2026]
- Second Amendment Foundation Fights to Extend Under-21 Handgun Ban Victory Nationwide - USA Carry - June 24th, 2026 [June 24th, 2026]
- Supreme Court Makes It Clear There Is No Drug Exception to the Second Amendment - Reason Magazine - June 24th, 2026 [June 24th, 2026]
- SAF THROWS SUPPORT BEHIND FORMER VIRGINIA AG'S ASSAULT WEAPONS BAN CHALLENGE - Second Amendment Foundation - June 17th, 2026 [June 17th, 2026]
- Curtis, Colleagues Introduce Bill to Increase Second Amendment Protections Against Frivolous Lawsuits - Senator John Curtis (.gov) - June 14th, 2026 [June 14th, 2026]
- No Second Amendment Protection for Heroin Trafficker: News Article - Independent Institute - June 14th, 2026 [June 14th, 2026]
- The Second Amendment separates us from Britain - Washington Examiner - June 14th, 2026 [June 14th, 2026]
- Second Amendment fights grow across several states over 3D-printed gun laws - Yahoo - June 12th, 2026 [June 12th, 2026]
- Chaffee County Patriots to Host Town Hall on the Second Amendment - Heart of the Rockies Radio | - June 12th, 2026 [June 12th, 2026]
- Justice Department investigating Philadelphia for possible Second Amendment violations in gun permitting process - CBS News - June 12th, 2026 [June 12th, 2026]
- Patriots to host Second Amendment town hall June 11 - The Mountain Mail - June 12th, 2026 [June 12th, 2026]
- Florida Agrees to Kill Its 3-Day Gun Waiting Period, Concedes It Violates the Second Amendment - USA Carry - June 12th, 2026 [June 12th, 2026]
- The curious case where the Trump Administration is challenging the Second Amendment: All the way to the Supreme Court - Daily Kos - June 12th, 2026 [June 12th, 2026]
- Gun insurance could save lives without infringing on Second Amendment rights | Opinion - PennLive.com - June 7th, 2026 [June 7th, 2026]
- Michael Gates Could Change Everything for Second Amendment Rights in California - California Rifle & Pistol Association - May 31st, 2026 [May 31st, 2026]
- Second Amendment Must be Safeguarded Against Overreach - House.gov - May 17th, 2026 [May 17th, 2026]
- Hearing Wrap Up: Second Amendment Must be Safeguarded Against Overreach - House.gov - May 17th, 2026 [May 17th, 2026]
- Higgins Opens Hearing on Privacy Protections and the Second Amendment - House.gov - May 17th, 2026 [May 17th, 2026]
- Griffith Statement on Spanberger Support of Anti-Second Amendment Bills - Patriot Publishing LLC - May 17th, 2026 [May 17th, 2026]
- The Trump Administration Is a Powerful but Unreliable Ally of Second Amendment Advocates - Reason Magazine - May 13th, 2026 [May 13th, 2026]
- Connecticut pro-Second Amendment group sounds alarm on Glock-style ban, fear Democrats will go even further - Yahoo - May 13th, 2026 [May 13th, 2026]
- How the ACLU Started Defending the Second Amendment - Reason Magazine - May 13th, 2026 [May 13th, 2026]
- ASU grad bridges disciplines and perspectives with his Second Amendment research - ASU News - May 11th, 2026 [May 11th, 2026]
- Do Undocumented Immigrants Have Second Amendment Rights? First Circuit Weighs In - FindLaw - May 11th, 2026 [May 11th, 2026]
- DOJ Sues City of Denver Over Assault Weapons Ban, Calls Local Ordinance a Civil Rights Violation Under Second Amendment - USA Carry - May 11th, 2026 [May 11th, 2026]
- Connecticut pro-Second Amendment group sounds alarm on Glock-style ban, fear Democrats will go even further - Fox News - May 11th, 2026 [May 11th, 2026]
- Lindsey Graham urges US, Israel to arm Iranian civilians in 'Second Amendment solution' to topple regime - Fox News - May 5th, 2026 [May 5th, 2026]
- Fearing expanding gun rights, anti-gun group creates absurd concealed-carry policy - Second Amendment Foundation - May 5th, 2026 [May 5th, 2026]
- Indianola City Council Holds Public Hearing on Second Amendment of Fiscal Year 27 Budget at Meeting - KNIA - KRLS - May 5th, 2026 [May 5th, 2026]
- Indianola City Council to Hold Public Hearing on Second Amendment of Fiscal Year 27 Budget at Meeting Tonight - KNIA - KRLS - May 5th, 2026 [May 5th, 2026]
- Newsmax host on the possibility of state house inspectors coming to his home: "You come to my door, that's what the Second Amendment is for"... - May 1st, 2026 [May 1st, 2026]
- ATF Announces 34 Rulemakings and Final Rules in Sweeping Regulatory Review Under Trump's Second Amendment Executive Order - USA Carry - May 1st, 2026 [May 1st, 2026]
- Eleventh Circuit: Machine guns not protected in Second Amendment - Buckeye Firearms Association - April 29th, 2026 [April 29th, 2026]
- Erich Pratt Testifies Live in Defense of the Second Amendment Before U.S. Senate Committee - Outdoor Wire - April 17th, 2026 [April 17th, 2026]
- Second Amendment Legacy Foundation banquet aims to help kids hit the mark - KTLO - April 17th, 2026 [April 17th, 2026]
- Bitwise files second amendment to Hyperliquid ETF, adds Wintermute and Flowdesk as trading counterparties - The Block - April 17th, 2026 [April 17th, 2026]
- Senate Homeland Security Holds Hearing on Second Amendment - NTD News - April 17th, 2026 [April 17th, 2026]
- 'It is RIDICULOUS!': Thomas Massie tears into anti-Second Amendment lobby in heated Senate hearing - The Economic Times - April 17th, 2026 [April 17th, 2026]
- Defending the Second Amendment - thecarrollnews.com - April 10th, 2026 [April 10th, 2026]
- Trump v. Second Amendment: The Administration Is Trying To Selectively Apply Gun Rights - Yahoo - April 10th, 2026 [April 10th, 2026]
- Trump DOJ Keeps Biden's Ghost Gun Rule in Place, Defying White House's Own Second Amendment Executive Order - USA Carry - April 10th, 2026 [April 10th, 2026]
- Second Amendment groups rip D.C. U.S. Attorney Pirro over hurting gun rights case - Washington Times - April 10th, 2026 [April 10th, 2026]
- Trump Must Deliver on the Second Amendment or Republicans Will Pay the Price - txgunrights.org - April 8th, 2026 [April 8th, 2026]
- Ministry of Mines notifies Mineral (Auction) Second Amendment Rules, 2026 for faster operationalisation of mines - News Riveting - April 8th, 2026 [April 8th, 2026]
- State v. Ducker Brief: Defending the Second Amendment Rights of North Carolinians - Cato Institute - April 5th, 2026 [April 5th, 2026]
- Federal Appeal Argues Second Amendment Violated After NYPD Admits Gun Licensing Regime Has No Deadline - PR Newswire - April 5th, 2026 [April 5th, 2026]
- Defending the Second Amendment - New River Valley News - April 5th, 2026 [April 5th, 2026]
- NYC Gun License Applicants Sue NYPD Over Years-Long Delays That Blocked Their Second Amendment Rights - USA Carry - April 5th, 2026 [April 5th, 2026]
- The Citizenship Clause Implicates the Second Amendment: News Article - Independent Institute - April 5th, 2026 [April 5th, 2026]
- DOJ arming with Second Amendment lawyers to take on tranche of state gun control laws - Washington Times - April 3rd, 2026 [April 3rd, 2026]
- Second Amendment 'Auditor' Explains His Goal For Walking Around With Guns - wflaorlando.iheart.com - April 3rd, 2026 [April 3rd, 2026]
- Pvt Univs, Jan Vishwas Second Amendment bills tabled in House - Daily Excelsior - April 3rd, 2026 [April 3rd, 2026]
- Second Amendment Sales Tax Holiday bill misses the mark | CATHERINE DORROUGH - Montgomery Advertiser - March 26th, 2026 [March 26th, 2026]
- LETTER: The Second Amendment is not a partisan issue - Fauquier Times - March 26th, 2026 [March 26th, 2026]