2nd Amendment DOESN'T Protect AR's?! - The Legal Brief

Published on March 8, 2017
Duration: 7:37

This legal brief from TheGunCollective, featuring Adam Kraut, Esq., analyzes the 4th Circuit Court of Appeals' en banc decision in Colby v. Hogan. The court ruled that AR-15 style rifles, deemed 'weapons of war' akin to M16s, are not protected by the Second Amendment, overturning a previous panel's decision that applied strict scrutiny. The ruling currently applies only to the 4th Circuit's jurisdiction but sets a significant legal precedent.

Quick Summary

The 4th Circuit Court of Appeals, in an en banc decision, ruled that AR-15 style rifles are not protected by the Second Amendment. The court classified these firearms as 'weapons of war,' similar to M16s, and therefore outside the scope of constitutional protection as defined by the Heller decision.

Chapters

  1. 00:00Introduction to 4th Circuit Decision
  2. 00:20Sponsor: Kinetic Development Group
  3. 00:41Colby v. Hogan Decision Overview
  4. 01:00En Banc and Jurisdictional Scope
  5. 01:37Maryland Firearm Safety Act (FSA)
  6. 02:01Levels of Judicial Scrutiny
  7. 03:48Strict Scrutiny Argument
  8. 04:07En Banc Reversal and M16 Comparison
  9. 05:14Impact on Other States
  10. 05:51Paths to Overturning the Decision

Frequently Asked Questions

What was the 4th Circuit's decision in Colby v. Hogan regarding AR-15s and the Second Amendment?

The 4th Circuit Court of Appeals, in an en banc decision, ruled that AR-15 style rifles are not protected by the Second Amendment. The court classified these firearms as 'weapons of war,' similar to M16s, and therefore outside the scope of constitutional protection as defined by the Heller decision.

What does 'en banc' mean in the context of the 4th Circuit's decision?

'En banc' means the full court, in this case, 14 judges, heard and decided the case. This is a higher level of review than a standard 3-judge panel and its decision carries more weight within the circuit.

Which states are covered by the 4th Circuit Court of Appeals?

The 4th Circuit Court of Appeals has jurisdiction over Maryland, West Virginia, Virginia, North Carolina, and South Carolina. The Colby v. Hogan decision is binding law within these five states.

Can the 4th Circuit's ruling on AR-15s affect other states?

While the decision is only legally binding within the 4th Circuit's jurisdiction, it can be cited as persuasive authority in other federal circuits. This means other courts may consider its reasoning when making their own rulings on similar cases.

Related News

All News →

More 2nd Amendment & Law Videos You Might Like

More from TheGunCollective

View all →