In an affront to the U.S. Supreme Court and Heller, the Fourth Circuit upheld Maryland’s assault weapons ban, writes The National Review.
Perhaps the Fourth Circuit has forgotten where it sits in the pecking order. Or perhaps the Fourth’s majority is unfamiliar with Caetano. Certainly, its grasp of Heller is wanting. In pushing back against the majority’s newfangled test, the dissenters correctly note that “Heller in no way suggests that the military usefulness of a weapon disqualifies it from Second Amendment protection. That is the majority’s singular concoction.” Indeed it is. As for Heller’s “common use” and “dangerous and unusual” standards, both of those are thrown casually out the window. The evidence, notes Judge Traxler, leads one to the “unavoidable conclusion that popular semiautomatic rifles such as the AR-15 are commonly possessed by American citizens for lawful purposes within the meaning of Heller.”
Speaking of the AR-15…
Just go read the whole thing, before SCOTUS trashes it.
Which they will.