The legal challenge to Maryland’s contentious ban on so-called “assault weapons” is ready for the U.S. Supreme Court, and a reply brief was filed before the bench on Tuesday.

The prohibition on America’s most popular sporting rifle is being fought by the Firearms Policy Coalition (FPC), and the advocacy group moved to support its position in Snope v. Brown. The FPC argued that the nine justices should grant review and overturn the Fourth Circuit’s controversial decision upholding Maryland’s blanket ban.

The brief declared that courts of appeal for the past sixteen years consistently erred in judgment by determining similar bans were constitutional. “The lower courts have proven themselves incapable of following Heller’s clear guidance, and the court should intervene without delay.”

According to the landmark 2008 ruling, private law-abiding citizens have the constitutional right to possess weapons in common use for lawful purposes such as self-defense.

The key description is “common use.” 

The National Shooting Sports Foundation (NSSF) estimated there were 24.4 million AR-15s and similar semi-automatic rifles in private hands in the U.S. in 2020. This means that this category of firearm is far and away the most popular type of rifle in the nation and fits squarely into the obligation for “common use.”

Critics attempt to smear these standard weapons as machine guns, which are fully automatic and will fire multiple rounds with a single trigger pull. This is, at best, disingenuous and more likely a deliberate attempt to deceive the people into believing these rifles pose a particular threat to public safety.

It is the FPC’s hope that the high court will step in and right the years of wrongs perpetrated by lower courts. Weapons in common use by the American people are protected by the Constitution, full stop. 

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