Today, we filed an Amicus brief urging the U.S. Supreme Court to review a Fourth Circuit decision approving Maryland’s 2013 ban on “assault weapons.” The banned firearms are ordinary semi-automatic weapons and most are “commonly used,” if not ubiquitous among the gun-owning public, except where banned by a few states. We argue that the Fourth Circuit’s decision was really an attempt to circumvent Bruen. We argue “the Second Amendment’s plain text covers an individual’s conduct” in possessing such a weapon. Our brief shows that the “plain text” of the Second Amendment presumptively protects bearable firearms and Maryland could provide no relevant historical analogues.
