United States Fourth Circuit

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Kolbe v. Hogan, 14-1945

In a constitutional action challenging the Maryland Firearm Safety Act's ban prohibiting law-abiding citizens from possessing the vast majority of semi-automatic assault rifles, the district court's grant of summary judgment to the state is: 1) vacated and remanded where the applicable standard of review for plaintiffs' Second Amendment claim is strict scrutiny instead of the intermediate scrutiny applied by the district court; 2) affirmed where the act's exception for retired law enforcement officers does not violate the Equal Protection Clause; and 3) affirmed where the act's ban on 'copies' is not unconstitutionally vague.

Appellate Information

  • Decided
  • Published 2016/02/04

Judges

  • TRAXLER

Court

  • United States Fourth Circuit

Counsel