Maryland Gun Control Law

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31st Jan 2015

Fourth Circuit Court of Appeals to Hear Appeal of the 2013 Maryland Gun Control Law

The 4th U.S. Circuit Court of Appeals in Richmond, Virginia will hear arguments on the constitutionality of the Maryland’s 2013 gun ban law. The parties appealing an August 2014 ruling by a Maryland Federal Judge who upheld the law argue that it violates the Second Amendment. The appellants further argue that state produced no evidence that the banned assault weapons and higher-capacity magazines presented a public safety threat before the law was passed. In addition, they also argue that the law is not the “least restrictive means” to maintain public safety.

In response, the Maryland Office of the Attorney, in its filings, has argued that “the banned firearms and magazines were developed, and are most suited, for military-style assaults” and “they are also disproportionately used in mass public shootings and murders of law enforcement officers”. Further, it is the State’s position that “the banned firearms are not commonly used for self-defense, and more than 10 rounds are rarely, if ever, required for self-defense.”

The law was passed in 2013 in the aftermath of the shooting massacre at Newton, Connecticut, which occurred a few months earlier. The law which was signed by former Maryland Governor Martin O’Malley required individuals who purchase handgun in Maryland to submit fingerprints to the State Police. In addition, the law limits gun magazines to 10 bullets and banned the following 45 types of weapons:

  • American Arms Spectre da Semiautomatic carbine
  • AK 47 in all forms
  • AlgimecAGM 1 type semi-auto
  • AR 100 type semi-auto
  • AR 180 type semi auto
  • Argentine L.S.R. semi-auto
  • Australian Automatic Arms SAR type semi-auto
  • Auto-Ordnance Thompson Ml and 1927 semi-automatics
  • Barrett light .50 cal. semi-auto
  • Beretta AR70 type semi-auto
  • Bushmaster semi-auto rifle
  • Calico models M-I00 and M-900
  • CIS SR 88 type semi-auto
  • Claridge HI TEC C-9 carbines
  • Colt AR-15, CAR-I 5, and all imitations except Colt AR-I5 4 Sporter H-BAR rifle
  • Daewoo MAX 1 and MAX 2, aka AR 100, 110C, K-l, and 6K-2
  • Dragunov Chinese made semi-auto
  • Famas semi-auto (.223 caliber)
  • Feather AT-9 semi-auto
  • FN LAR and FN FAL assault rifle
  • FNC semi-auto type carbine
  • F.I.E.lFranchi LAW 12 and SPAS 12 assault shotgun
  • Steyr-AUG-SA semi-auto
  • Galil models AR and ARM semi-auto
  • Heckler and Koch HK-91 A3, HK-93 A2, HK-94 A2 and A3
  • Holmes model 88 shotgun
  • Avtomat Kalashnikov semiautomatic rifle in any format
  • Manchester Arms “Commando” MK-45, MK-9
  • Mandell TAC-l semi-auto carbine
  • Mossberg model 500 Bullpup assault shotgun
  • Sterling Mark 6
  • P.A.W.S. carbine
  • Ruger mini-14 folding stock model (.223 caliber)
  • SIG 5501551 assault rifle (.223 caliber)
  • SKS with detachable magazine
  • AP-74 Commando type semi-auto
  • Springfield Armory BM-59, SAR-48, G3, SAR-3, 4M-2I sniper rifle, MIA, excluding the MI Garand
  • Street sweeper assault type shotgun
  • Striker 12 assault shotgun in all formats
  • Unique F11 semi-auto type
  • Daewoo USAS 12 semi-auto shotgun
  • UZI 9mm carbine or rifle
  • Valmet -76 and M78 semi-auto
  • Weaver Arms “Nighthawk” semi-auto carbine
  • Wilkinson Arms 9mm semi-auto “Terry”

Another of the law’s provisions requires individuals to report a lost or stolen firearm. Prior to the passage of the law, Maryland already required universal background checks and a seven-day waiting period to purchase a gun, which applies to both private sales at gun shows and sales by licensed dealers.

The Appeals’ Court decision will be rendered this upcoming summer.

Ali Khorsand, Esquire
Law Office of Aileen E. Oliver

For a free consultation with a criminal attorney please contact the Law Office of Aileen Oliver (301) 650-0078.

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