Maryland Gun Owners Have a Really Smart Argument for Overturning State’s Semi-Auto Gun Ban

Roman Chazov /
Roman Chazov /

Most gun owners are no longer under the quaint illusion that Democrats want to take our guns because they are well-intentioned but wrong. The Democrats know what they’re doing, and their intentions are bad. They want to take your guns away because they want to hurt you and your family.

Fortunately, President Donald Trump’s judicial picks in the federal courts and the Supreme Court are not a bunch of flaming nutjobs. The courts have been handing down some really good and reasonable decisions on gun cases. Unlike Democrats, these judges understand well-thought-out pro-gun arguments in court cases.

In Maryland, for example, gun owners are fighting their state’s semi-automatic rifle ban with a really smart argument.

Democrats absolutely hate the AR-15 and similar fun semiautomatic rifles. They hate the idea of you owning one. Because again, they can’t hurt you as badly and as quickly as they want to if there is an armed citizenry in their way.

And their arguments are flat-out dumb. “The Founding Fathers couldn’t have imagined semiautomatic weapons of war! They didn’t mean for the Second Amendment to apply to those guns!”

This is a flat-out lie, as anyone who has read a history book can tell you. Thomas Jefferson owned multiple semiautomatic French rifles. These rifles had 22-round magazines and fired a big, beefy .46 caliber round.

Jefferson loaned one of his semiautos to the Lewis & Clark expedition. And of course, most ships had one or more puckle guns in those days to help repel Islamic pirates, which were another rapid-fire “weapon of war.” The Founding Fathers were aware of semiautomatic rifles and would have loved to have more of them during and after the Revolutionary War.

But Maryland, like many blue states, has now banned AR-15s and similar rifles.

Magazines that hold more than 10 rounds are banned. They require background checks on private sales of firearms. It’s a terrible place to live, and their state government is tyrannical when it comes to allowing the citizenry to defend itself.

A group of Maryland gun owners is suing to overturn their state’s draconian gun bans, and they have a really good argument for doing so. In fact, their argument plays directly off of Democrats’ excuses for banning guns.

The Founding Fathers mostly used muskets during the Revolutionary War. These were the rifles that were in most common use. Current-day gun owners are arguing before the courts that AR-15s and similar firearms can’t be banned, because they are in such common use. The popularity of the AR-15 speaks to its necessity as a Second Amendment tool.

The lead plaintiff in the case is a paramedic from Baltimore. He wants to be able to carry a lightweight Desert Tech MDRX rifle when he’s on the job. It only has a 10-round magazine, but it’s still covered under Maryland’s evil semiautomatic rifle ban.

Maryland’s gun ban was upheld by a lower court decision in 2017. But following the Supreme Court’s landmark decision to strike down New York’s worst anti-gun laws earlier this year, the Maryland statute is now in jeopardy. If the lower court strikes down the plaintiffs’ case against Maryland, they’re likely to win in Circuit Court or ultimately the Supreme Court.

The only types of guns that can be banned have to meet a certain threshold constitutionally, according to court precedent. A firearm must be both “dangerous and unusual.” You could argue that the AR-15 is dangerous. That’s why so many people love it. But you can’t claim that it is unusual and keep a straight face. It’s not unusual, because the rifle is very, very common.

Let’s hope the courts uphold this very intelligent argument in favor of everyone’s gun rights.