FPC Files Supplemental Brief in Lawsuit Challenging Maryland’s “Assault Weapon” Ban By: Firearms Policy Coalition

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RICHMOND, Va. (March 13, 2024) – Today, Firearms Policy Coalition (FPC) announced that it has filed a supplemental brief with the Fourth Circuit Court of Appeals in its Bianchi v. Brown lawsuit, which challenges Maryland’s ban on so-called “assault weapons.” The brief, which is the final one before en banc oral arguments on March 20th, can be viewed at FPCLegal.org.

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“In this case, which involves a ban on common semiautomatic firearms, the textual question is straightforward,” argues the brief. “As the Supreme Court has held, as a plain text matter, ‘arms’ at a minimum includes all firearms, and there is no dispute that the semiautomatic firearms Maryland bans are firearms.The burden therefore falls to the State to demonstrate a tradition of regulation that would support its ban.”

“Maryland doesn’t have the power to ban its residents from owning these constitutionally protected arms–full stop,” said Cody J. Wisniewski, FPC Action Foundation’s Vice President and General Counsel, and counsel for FPC. “While this case is pending before the Supreme Court, the case also proceeds at the Fourth Circuit; and this brief highlights the errors of Maryland’s representation of Supreme Court precedent. While we remain resolute that the Fourth Circuit must apply the correct test, it is clear that now is the time for the Supreme Court to step in and head off the latest attempt of states to circumvent its precedent.” 

FPC is joined in the litigation by three FPC members, a Maryland firearms retailer, the Second Amendment Foundation, and the Citizens Committee for the Right to Keep and Bear Arms.

Individuals who would like to join the FPC Grassroots Army and support important pro-rights lawsuits and programs like these can learn more at FirearmsPolicy.org. Individuals and organizations wanting to support charitable efforts in support of the restoration of Second Amendment and other natural rights can also make a tax-deductible donation to the FPC Action Foundation. For more on FPC’s lawsuits and other pro-Second Amendment initiatives, visit FPCLegal.org and follow FPC on Instagram, X (Twitter), Facebook, YouTube.

Firearms Policy Coalition (firearmspolicy.org), a 501(c)4 nonprofit membership organization, exists to create a world of maximal human liberty, defend constitutional rights, advance individual liberty, and restore freedom. FPC’s efforts are focused on the Right to Keep and Bear Arms and adjacent issues including freedom of speech, due process, unlawful searches and seizures, separation of powers, asset forfeitures, privacy, encryption, and limited government. The FPC team are next-generation advocates working to achieve the Organization’s strategic objectives through litigation, research, scholarly publications, amicus briefing, legislative and regulatory action, grassroots activism, education, outreach, and other programs.

FPC Law (FPCLaw.org) is the nation’s first and largest public interest legal team focused on the Right to Keep and Bear Arms, and the leader in the Second Amendment litigation and research space.

FPC Action Foundation (FPCActionFoundation.org), a 501(c)(3) nonprofit organization, exists to create a world of maximal human liberty through charitable legal action, public policy, education, and research programs.