Bianchi V Frosh back open

1 year ago
12

Bianchi v Frosh, a case to determine the constitutionality of the Maryland assault weapon ban, has been REOPENED as of August 1, 2022.

Justice Clarence Thomas, in the NYSRPA v Bruen case, determined that using both intermediate scrutiny (a more stringent process by which a court determines the constitutionality of a law in regard to a state's interest) AND the historical context is one step too many. He wrote that using means-end scrutiny is not necessary or appropriate when it comes to 2A cases and therefore a state's interest cannot supersede the historical intention and meaning of the 2nd Amendment.

In light of this precedent, Bianchi v Frosh is being kicked back down to the 4th Circuit. Frosh has a challenge ahead of him and we are feeling hopeful that this ridiculous, arbitrary law banning commonly owned firearms will fall.

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