Appeals Court Upholds MD Assault Weapons Ban, Sets up Supreme Court Review
The US 4th U.S. Circuit Court of Appeals last week rejected arguments by gun rights advocates that Maryland’s ban on assault-style rifles such as AR-15s was unconstitutional, despite a 2022 ruling by the U.S. Supreme Court that expanded gun rights.
Gun rights groups in the Maryland case argued that under the 2022 U.S. Supreme Court Bruen decision, Americans have a right to possess arms that are in common use, including the popular AR-15. That argument was rejected by U.S. Circuit Judge Harvie Wilkinson, writing for the 10-5 majority that “we decline to wield the Constitution to declare that military-style armaments which have become primary instruments of mass killing and terrorist attacks in the United States are beyond the reach of our nation’s democratic processes.”
The opinion by Wilkinson, an appointee of Republican former President Ronald Reagan, was joined by all of the court’s appointees of Democratic presidents. It drew a dissent by five Republican appointees led by Judge Julius Richardson, who called the ban unconstitutional.
“The Second Amendment is not a second-class right subject to the whimsical discretion of federal judges,” Richardson wrote. “Its mandate is absolute and, applied here, unequivocal.”The Firearms Policy Coalition and Second Amendment Foundation, two gun rights groups that challenged the law, vowed to ask the U.S. Supreme Court to take up the case. In another decision, the court in a 13-2 vote reversed a West Virginia federal judge’s ruling that found a federal ban on possessing a gun with its serial number removed was unconstitutional.
Arvada Hearing on ‘Sensitive Spaces’ Set for Monday 8/19; Aurora Opts Out
The Arvada City Council is set to hear public opinion on opting out of Colorado’s new ‘Sensitive Spaces’ law, which bans firearms in polling locations, schools, and government buildings, such as council chambers, in its meeting scheduled for next Monday.
Moms Demand Action is asking for the public to show up and insist that Arvada obey this common-sense gun safety measure.
Coucilmembers hearing from the public is important: On Monday, Aug. 12, the Aurora City Council voted to opt out of the law, with no discussion. The ordinance, introduced by Councilmember Curtis Gardner, did not encounter any opposition during that council meeting or a study session last month.About a dozen other localities across Colorado have opted out of the law, including Douglas, Teller, Routt, Mesa and Morgan counties and Palmer Lake, Monument and Castle Rock. Last month, the Westminster City Council voted against opting out after Moms Demand Action called for public testimony in favor of the law.
Texas Monthly Features Gun-Owner Doctor Pressing for Reform
This month’s Texas Monthly features an article on Houston emergency physician Cedric Dark, co-author of the new book Under the Gun: An ER Doctor’s Cure for America’s Gun Epidemic. Despite Dark’s ownership of guns and enjoyment of his gun hobby, he dismisses the idea that there’s nothing to be done about gun violence. “We’re not anti-gun,” he is quoted about himself and like-minded colleagues, “we’re anti–bullet hole.”
“The doctors Dark interviews for his book come from across the political spectrum,” the article says, “but they all agree that something has to be done about how this country addresses gun violence.”
Gun Violence Definitely Down: Everytown Report
Despite what it calls “fear-mongering media and campaign speeches” many of us may hear during election season, the group Everytown for Gun Safety says that following coordinated efforts to address gun violence from the federal down to the community levels, American cities are becoming safer each year.
The report cites a downward trend in overall violent crime rates, but specific to gun violence, assault-related gun deaths and injuries have dropped 20 and 14 percent, respectively, from the 2021 gun violence peaks that coincided with the COVID-19 pandemic. In the first six months of 2024 alone, these gun deaths and injuries both dropped yet again by another 14 percent, relative to the same period the year prior—already saving 1,048 lives and avoiding 2,275 injuries, the report says.
Besides the lives and trauma saved, these declines have saved taxpayers millions, the report says. Each gun homicide costs American taxpayers an average of $709,985 from government expenses on medical and mental healthcare, ambulances, police investigations, and criminal justice costs. Gun assault injuries average $41,299 each. In just the first six months of 2024, safer cities have also meant an estimated $838,019,544 in taxpayer savings, which the report says could be used to keep violence from happening in the first place—such as through beneficial investments in health, education, and other programs.
Register to Vote!
This week may be the Democratic National Convention, but it’s not too late to make sure you are properly registered and ready to vote this November.
If you are receiving this newsletter, you probably already know what a critical time this is for gun violence prevention legislation at the federal, state and local levels. As we have seen from recent Supreme Court decisions, your vote for candidates who support common-sense gun laws—and spreading the word among people you know—is more important now than ever. Register to vote here.
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