Appellate Court Decision Provides Pathway for High Court Review
We have previously covered that the United States Supreme Court has consistently declined to intervene and hear the current challenge to the Illinois state law that bans AR-15s which was passed in wake of the Highland Park July 4th shooting, but it appears that there is now an avenue for the Supreme Court to rule on similar bans in the near future. Although the Supreme Court said that the Second Amendment guarantees an individuals right to use a weapon for self-defense, the Fourth Circuit Court of Appeals recently upheld a Maryland state law that banned AR-15s in an en banc decision (meaning the full court participated opposed to a panel of three judges). The majority noted that the AR-15’s firepower, “makes it “ill-suited for the vast majority of self-defense situations in which civilians find themselves” and thus the ban of such weaponry is not unconstitutional. What court observers note makes this ruling unique is that it is a final judgment on the matter considered by a full appellate court, in comparison to the Illinois challenge which is yet to be heard by a panel of appellate judges and has mostly concerned various interlocutory injunctions. With a final ruling by a full bench of a federal appellate court, the Supreme Court may be more likely to take up the case, particularly if other circuits begin to rule differently than the Fourth Circuit. Justices Alito and Thomas had earlier advocated to review the Illinois ban rather than wait for such a step, and now they might be a step closer to an opportunity for full Supreme Court review the constitutionality of bans on individual types of firearms under the Second Amendment. Given that any law deemed unconstitutional is as if it never existed its application will be naturally retroactive, there are strong implications for many Americans who have been previously prosecuted for a violation of a ban, or are in the middle of a prosecution, for certain crimes should the Court disagree with the Fourth Circuit’s conclusion. Anyone accused of a firearm related offense should hire an experienced criminal defense attorney who is up to date on the pertinent rulings, legislation, and prepared to fight to protect an individual’s constitutional rights and freedom.
