,

Supreme Court Declines to Hear Maryland Firearm Ban Challenge, For Now

The U.S. Supreme Court is seen in Washington, D.C., Aug. 7, 2023. (Francis Chung/POLITICO via AP Images)

The Supreme Court on Monday opted not to take up a challenge to Maryland’s ban on certain semi-automatic firearms, at least for the time being. The court gave no explanation for denying the case at this stage, which is typical practice.

The decision signals the justices are allowing lower courts to first rule on the law’s constitutionality in light of their landmark 2022 decision expanding Second Amendment rights. That ruling set a new test for evaluating firearms restrictions that has upended gun laws nationwide.

Gun rights groups and other plaintiffs argue Maryland’s ban on popular semi-automatic rifles like the AR-15 violates the Second Amendment under the Supreme Court’s latest guidance. The state counters the weapons are “highly dangerous, military-style” firearms that enabled horrific mass shootings and can therefore be prohibited.

The 4th Circuit Court of Appeals is currently reviewing the assault weapons ban after the Supreme Court ordered it to revisit the case post-2022. Maryland argued the appeals court should be permitted to rule before potential high court intervention.

However, the plaintiffs claimed the lower court review has dragged on too long, including an unusual procedural move sending the case to the full appeals court rather than a three-judge panel.

While the justices took no action on a separate appeal over Illinois’ assault weapon ban, the Maryland case could provide another avenue for them to ultimately take up the issue of which firearms qualify for Second Amendment protections.

Maryland was among the first states to enact an assault weapons ban in 2013 after the Sandy Hook Elementary massacre, prohibiting certain semi-automatic firearms and limiting magazine capacity to 10 rounds. Nine other states and D.C. currently have similar restrictions in place.