Supreme Court Remand Order Backs All "Assault Weapon" Bans Into a Corner!!!

Published on June 1, 2023
Duration: 9:43

The Supreme Court's remand of Bianchi v. Frosh to the Fourth Circuit, following the Bruen decision, mandates a review of 'assault weapon' and large capacity magazine bans based on text, history, and tradition. The Fourth Circuit's oral arguments indicate a strong pushback against Maryland's arguments attempting to preserve its ban using prior precedents like Kolbe v. Hogan Jr., suggesting a likely unconstitutional ruling against the ban.

Quick Summary

The Supreme Court's remand of Bianchi v. Frosh requires the Fourth Circuit to re-evaluate Maryland's 'assault weapon' ban using the 'text, history, and tradition' standard from NYSRPA v. Bruen. This means the government must now prove historical precedent for such bans dating back to 1791, a significant shift that challenges existing prohibitions.

Chapters

  1. 00:00Supreme Court Remands AWB Case
  2. 00:22Call to Action and Sponsor
  3. 00:48Bianchi v. Frosh Case Details
  4. 01:09Maryland's Assault Weapon Ban
  5. 01:36Kolbe v. Hogan, Jr. Precedent
  6. 01:51Kolbe Case Rulings
  7. 02:40Bianchi and the Kolbe Precedent
  8. 03:02Supreme Court's Bruen Decision
  9. 03:43Bianchi Remand Order
  10. 04:00Fourth Circuit Oral Arguments
  11. 04:35Maryland's Arguments Against Bruen
  12. 05:08Judges Push Back on Maryland
  13. 07:54Expected Outcome and Next Steps

Frequently Asked Questions

What is the significance of the Supreme Court's remand in Bianchi v. Frosh?

The Supreme Court's GVR order in Bianchi v. Frosh mandates the Fourth Circuit to rehear Maryland's 'assault weapon' ban under the new 'text, history, and tradition' standard established in NYSRPA v. Bruen, potentially overturning prior rulings that upheld such bans.

How does the Bruen decision impact 'assault weapon' bans?

Bruen requires government restrictions on Second Amendment rights to be historically analogous to those in place in 1791. This shifts the burden to the government to prove historical precedent for 'assault weapon' bans, a difficult task given the nature of modern firearms.

What were Maryland's arguments against applying the Bruen standard to their ban?

Maryland argued that Bruen was limited to concealed carry laws and that their 'military use' test from Kolbe v. Hogan Jr. could coexist. They also sought further discovery on the common use of AR-15s for self-defense, arguments that were largely rejected by the Fourth Circuit judges.

What is the expected outcome for Maryland's 'assault weapon' ban after the Fourth Circuit's review?

Based on the Fourth Circuit's oral arguments, the judges appeared skeptical of Maryland's arguments and favored applying the Bruen standard. A 2-1 decision striking down the ban as unconstitutional is anticipated, forcing Maryland to appeal further.

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