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The Supreme Court has now ducked the issue twice. Just last year, they passed on a similar opportunity to weigh in, citing procedural reasons. But now, with the 4th Circuit giving its final blessing to the gun ban in 2024, the justices have chosen again to remain silent—at least for now.
The Court also declined to take up a challenge to Rhode Island’s ban on high-capacity magazines, allowing that law to remain in effect as well.
Maryland’s restrictions, originally passed in the wake of the Sandy Hook tragedy in 2012, outlaw the possession and transfer of 45 specific firearm models labeled as “assault weapons” and their so-called “copycat” variants. Despite these bans, Maryland residents are still permitted to purchase various semi-automatic handguns and rifles not listed under the prohibition.
The plaintiffs in the Maryland case—comprised of local residents, a licensed gun dealer, and several pro-Second Amendment groups—argued that the rifles in question are commonly owned and used for lawful purposes. They insisted the law violates the Constitution’s protection of gun ownership rights. But both the federal district court and the appellate court sided with the state.
Justice Brett Kavanaugh raised serious concerns in his statement on the case, saying, “Given that millions of Americans own AR-15s and that a significant majority of the states allow possession of those rifles, petitioners have a strong argument that AR-15s are in ‘common use’ by law-abiding citizens and therefore are protected by the Second Amendment. If so, then the Fourth Circuit would have erred by holding that Maryland’s ban on AR–15s complies with the Second Amendment.”
Rather than weighing in now, the majority of the Court appears content to wait for more rulings from other circuits. In his own remarks, Kavanaugh acknowledged that the issue is still developing in the lower courts and predicted the Supreme Court “should and presumably will address the AR-15 issue soon, in the next term or two.”
While the Court might think it’s buying time, gun rights advocates say the delay sends a chilling message—that the constitutional right to self-defense can be trampled by state legislatures without immediate consequence.
Critics say the Court’s decision flies in the face of its own 2022 ruling in New York State Rifle & Pistol Association v. Bruen, which set a new legal standard for evaluating gun laws. Under Bruen, governments must prove that modern gun restrictions align with the nation’s historical traditions surrounding firearm regulation.
So far, courts across the country have had trouble applying this standard consistently. That confusion has left a patchwork of conflicting rulings and, in the eyes of many, undermined the Supreme Court’s own precedent.
By avoiding the Maryland and Rhode Island cases, the justices have left millions of Americans in limbo. And with Justice Thomas openly warning that the Second Amendment is becoming a “second-class right,” many are wondering just how long Americans will have to wait before the Court finally steps up and defends what the Constitution clearly guarantees.
