A potentially landmark case before the Fourth Circuit Court of Appeals may signal the end of anti-gun state governments running roughshod over Second Amendment rights.
The momentous 2022 U.S. Supreme Court Bruen decision should have changed the landscape for gun rights nationwide, and in many cases, it did. However, several rebellious lawmakers became even more determined to undermine the right to keep and bear arms, particularly in Maryland.
After Bruen firmly reestablished the general right for law-abiding citizens to carry weapons outside of the home, Maryland threw a temper tantrum.
No longer able to prohibit permits outright, the state declared vast expanses of property “gun-free.” This created an expansive network of “sensitive places” where criminals could be virtually guaranteed not to meet armed resistance.
Kipke v. Moore is the legal challenge to this miscarriage of justice.
Last week, oral arguments were presented to the Fourth Circuit panel, and Second Amendment advocates emerged optimistic about the results. Virginia Second Amendment advocates argued Wednesday that the state’s restrictions on lawful carry are too broad and violate the high court mandate.
Judges appeared skeptical about how lawmakers could deny carry rights in such a wide array of locations where the likelihood of being attacked is certainly present.
Bruen firmly established the historical standard that gun control laws must be consistent with those of the nation’s Founding Era. How then, with only protected government buildings off-limits to carrying firearms in this period, does Maryland justify stripping the right to self-defense for its citizens?
The simple answer, and one that the appeals court should reach, is that it doesn’t.
An appeals court decision favoring the plaintiffs would go far in thwarting other states’ efforts to deny self-defense rights. This is the only logical conclusion when weighing U.S. history and tradition, the Constitution, and clear legal precedent.
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