Maryland Attorney General Appeals Gun Control Ruling - WBOC-TV 16, Delmarvas News Leader, FOX 21 -

Maryland Attorney General Appeals Gun Control Ruling

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(Photo: CBS) (Photo: CBS)

ANNAPOLIS, Md. (AP/WBOC)- Maryland's attorney general has appealed a decision by a three-judge panel that sent the state's assault weapons ban back to a lower court for review.
    
Attorney General Brian Frosh announced Friday the state has asked the entire 4th U.S. Circuit Court of Appeals in Richmond, Va., to hear the case.
    
Frosh is asking for the rehearing so that the full court weighs in on how Maryland's ban on assault-style weapons and high-capacity magazines should be analyzed for constitutionality.

A federal judge in Baltimore ruled the assault weapons ban should be reviewed using a constitutional test that allows for laws that protect important public interests such as health and safety. But a divided three-judge panel determined in a 2-1 decision that the ban should face the strictest level of constitutional review.

Frosh is arguing that the 2-1 decision, Frosh is arguing, conflicts with all other courts of appeals that have reviewed the constitutionality of similar laws. Frosh is also arguing that Maryland’s law is critical to the public safety of state residents.

“Assault weapons and high-capacity magazines are not needed for self-defense and have been used in too many mass murders,” Frosh said. “As Judge King wrote in his strong Fourth Circuit dissent, assault weapons are ‘exceptionally lethal weapons of war.’ They simply have no place in our communities.”

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