Kolbe v. O’Malley: Amicus Brief in Support of Maryland Law Prohibiting Assault Weapons and Large Capacity Ammunition Magazines
Case Information: Kolbe, et al. v. O’Malley, et al., No. 14-1945 (4th Cir., Amicus Brief Filed Jan. 7, 2015)
At issue: This case is a challenge to Maryland’s Firearm Safety Act of 2013, passed in the wake of the tragedy at Sandy Hook Elementary School, which, among other things, prohibits assault weapons and large capacity ammunition magazines. The law was upheld by the district court and plaintiffs have appealed to the Fourth Circuit.
The Law Center’s Brief: Our amicus brief, filed along with Marylanders to Prevent Gun Violence, defends Maryland’s law by arguing that assault weapons and large capacity ammunition magazines are military-style weapons, ill-suited to self-defense purposes, that fall outside of the scope of the Second Amendment. The brief makes the argument that, even if these weapons are protected by the Second Amendment, the law is constitutional because it is reasonably related to the important government interest of protecting citizens and law enforcement officers from gun violence.