People Have A 'Fundamental Right' To Own Assault Weapons, Court Rules
Certain semiautomatic firearms deserve the highest level of protection the Constitution allows, says appellate court.
02/04/2016 06:06 pm ET
In a major victory for gun rights advocates, a federal appeals court on Thursday sided with a broad coalition of gun owners, businesses and organizations that challenged the constitutionality of a Maryland ban on assault weapons and other laws aimed at curbing gun violence.
A three-judge panel of the U.S. Court of Appeals for the 4th Circuit said the state's prohibition on what the court called "the vast majority of semi-automatic rifles commonly kept by several million American citizens" amounted to a violation of their rights under the Constitution.
"In our view, Maryland law implicates the core protection of the Second Amendment -- the right of law-abiding responsible citizens to use arms in defense of hearth and home," Chief Judge William Traxler wrote in the divided ruling.
Provisions that outlaw these firearms, Traxler wrote, "substantially burden this fundamental right."
