Federal judge upholds Md. ban on assault weapons

A federal judge has upheld a state law banning certain assault-style weapons and magazines.

U.S. District Judge Catherine C. Blake said Tuesday that she was inclined to find the prohibited weapons are “dangerous and unusual,” which would have removed them from Second Amendment protection. However, she said it was not necessary to rest her decision on that ground and instead found the ban is “reasonably adapted to [the] substantial government interest” in ensuring public safety.

“The court seriously doubts that the banned assault long guns are commonly possessed for lawful purposes, particularly self-defense in the home, which is at the core of the Second Amendment right,” Blake wrote.

Blake added the law does not ban handguns, “the quintessential weapon” for self-defense in the home, and meets the government’s interest in public safety.

“The evidence demonstrates, therefore, that the ban on assault weapons is likely to further the government’s interest in protecting public safety by removing weapons that cause greater harm when used — to both civilians and police — and create greater obstacles for law enforcement in stopping and detaining criminals who are using them,” Blake wrote, applying a constitutional standard known as intermediate scrutiny.

The Firearm Safety Act of 2013, introduced following the 2012 shooting deaths of 20 children and six adults at Sandy Hook Elementary School in Connecticut, bans 45 types of assault-style weapons as well as magazines that can hold more than 10 rounds.

The law has been in effect since Oct. 1, the same day Blake denied the plaintiffs’ request to prevent enforcement until the case was decided in court.

“This ruling reflects our view that the law in no way infringes the Second Amendment rights of Marylanders,” Attorney General Douglas F. Gansler said in a statement. “It is consistent with the advice we gave state lawmakers who carefully drafted legislation to assist law enforcement in its efforts to curtail gun violence.”

Effectiveness questioned

John Parker Sweeney, a lawyer for the plaintiffs, including the Maryland Licensed Firearms Dealers Association Inc. and the National Shooting Sports Foundation, did not respond to a request for comment. Sweeney is a partner with Bradley Arant Boult Cummings LLP in Washington, D.C.

During arguments on motions for summary judgment last month, Sweeney argued in part similar bans have not been shown to be effective at the state or national levels. Civilians own 8.2 million assault weapons, making them more common than the state ban would indicate, Sweeney said.

But Blake wrote Tuesday the total number of assault weapons represent no more than 3 percent of all guns owned by civilians, and ownership of the weapons is concentrated in less than 1 percent of the population.

The plaintiffs have argued police officers are more likely to be killed by motor vehicles or handguns than the banned weapons. Blake said while that may be true, “the evidence also demonstrates assault weapons are used disproportionately [in police shootings] to their ownership in the population.”

Blake also rejected the claim that the weapons are well-suited for self-defense, finding the only evidence offered was the plaintiffs “desire to possess assault weapons for self-defense in the home where they are already used for that purpose.”

“Assault weapons are military-style weapons designed for offensive use, and are equally, or possibly even more effective, in functioning and killing capacity as their fully automatic versions,” Blake wrote.

Sen. Brian E. Frosh, a sponsor of the weapons ban, attended last month’s hearing and praised Blake’s ruling as “common sense.” The Montgomery County Democrat is also his party’s nominee for attorney general, meaning he would be leading the defense of the law in future court proceedings should he win the General Election in November.

Frosh said he does not expect any additional fallout from the upholding of the weapons ban, after Beretta U.S.A. Corp. announced last month it was moving its manufacturing plant out of Maryland because of the law. Frosh said he hopes neighboring states will pass a similar weapons ban, acknowledging the Maryland law stops at the state border.

Even if Maryland stands alone, more residents will be safe because of the law, he added.

“This law and ruling upholding it means fewer injuries and deaths from gun violence,” he said.

The law also requires new gun purchasers to be fingerprinted, making Maryland the sixth state with such a provision. That part of the law was not challenged in the lawsuit, Kolbe, et al., v. O’Malley et al., 1:13-cv-02841-CCB.