Maryland Gun Control Law Headed for Some Strict Scrutiny

An interesting development in the never-ending fight to preserve, defend and where necessary, restore, Constitutional liberty. Maryland’s 2013 law that pretty much banned most semi-automatic weapons and standard-capacity magazines has been sent back to an appeals court to undergo the “strict scrutiny” that ought to go with any law concerning Constitutionally-protected rights. This is, potentially, both a very good thing and an explosive thing.

From Legal Insurrection:

Of course, normally laws that arguably infringe an enumerated Constitutional rights are not subject to mere intermediate scrutiny, but rather they are subject to strict scrutiny. To survive strict scrutiny the law must advance not merely any governmental interest, but in particular a compelling governmental interest. It is perhaps arguable that “public safety” would serve to meet this requirement. In addition, however, the law must also be narrowly tailored to actually achieve that interest. It is this second requirement that almost invariably leads to the law in question being found to be unconstitutional.

In a nutshell, then, if intermediate scrutiny is applied to almost any law, the law survives. If strict scrutiny is applied to almost any law, the law falls.

“The law falls.” And therefore potentially, instantly upends similar laws in other states.

Here’s another article from the Baltimore Sun:

Mark Graber, a law professor at the University of Maryland, said the ruling poses a serious challenge to the law — a signature achievement of former Gov. Martin O’Malley and of [current Attorney General] Frosh, a state senator when it was passed.

Stay tuned. Until that point, as always we strongly advise you to stock up on magazines, ammunition, parts, optics and complete guns. Especially the first two. Now’s the time.

About vmijpp

VMIJPP hails from the star city of the south, Roanoke, Virginia. A 1989 graduate of the Virginia Military Institute, he is a retired artillery officer in the United States Marine Corps, with time in both the active and reserve sides. He served in Iraq in 2004, and in Afghanistan in 2009-2010. He joined the magnificent as a guest blogger from the now defunct but never uninteresting Rule 308, where he denounced gun control and other aspects of tyranny, and proclaimed the greatness of the United States. When the sun set on, he migrated here with Keydet1976 and the others.
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