BELLEVUE, WA – The Second Amendment Foundation and its partners in a long-running challenge of Maryland’s ban on so-called “assault weapons” have filed a reply brief in their effort to obtain certiorari from the U.S. Supreme Court.
As noted in the brief, “The case was fully briefed and argued before a three-judge panel for the Fourth Circuit. Inexplicably, over a year after argument was held and with no panel opinion issued, the Fourth Circuit sua sponte elected to hear the case en banc, further delaying the exercise of a fundamental right and seemingly to prevent publication of an opinion that favors the plaintiffs. Seeking certiorari before judgment is an extraordinary remedy reserved for cases of imperative public importance.”
SAF petitioned for certiorari in February. The case is known as Bianchi v. Frosh. The high court had previously granted certiorari in June 2022, and immediately vacated a lower court ruling and remanded the case back for further review in the aftermath of the court’s landmark New York State Rifle & Pistol Assn. v. Bruen decision.
SAF is joined in the case by the Citizens Committee for the Right to Keep and Bear Arms, Firearms Policy Coalition, Field Traders, LLC and three private citizens, David Snope, Micah Schaefer and Dominic Bianchi, for whom the case is titled. They are represented by attorneys Nicole J. Moss, David H. Thompson, Peter A. Patterson and John D. Ohlendorf with Cooper & Kirk PLLC in Washington, D.C., and Raymond M. DiGuiseppe of North Carolina.
“This case has been lingering too long in the Fourth Circuit and it needs to be resolved,” said SAF founder and Executive Vice President Alan M. Gottlieb. “There is no credible reason for inaction by the appellate court, thus allowing Maryland’s ban on commonly-owned modern semiautomatic rifles to continue. Clearly, the Supreme Court must resolve this issue.”
“The Supreme Court has granted certiorari prior to lower court judgment several times in the past,” added SAF Executive Director Adam Kraut, “so our February petition was not without precedent. Today’s brief hopefully moves us one step closer to Supreme Court consideration.”