[BOISE] – Attorney General Raúl Labrador, joined by 28 other states, has filed an amicus brief with the Supreme Court of the United States. The broad coalition requests a writ of certiorari, asking SCOTUS to take up the case of Snope v. Brown, where the Fourth Circuit Court of Appeals upheld Maryland’s unconstitutional ban on hundreds of styles of firearms, including the AR-15, the most popular modern semi-automatic sporting rifle in America. Inexplicably, the Fourth Circuit simply declared that the AR-15 was “military-style” and therefore not an “arm” protected by the unambiguous language of the Second Amendment.
“It is gravely concerning for a federal court to blatantly ignore the most recent clarifying decisions regarding the right to keep and bear arms to ever come from SCOTUS,” said Attorney General Labrador. “The AR-15 is the most common and prolific semiautomatic rifle in our country and the very definition of a firearm used for sport, personal protection and civil defense. These arms are lawfully owned and used by tens of millions of citizens across the country, and a textbook definition of the firearms protected by the Second Amendment from capricious government overreach.”
The Fourth Circuit decision flies in the face of recent SCOTUS decisions relying on sparse and irrelevant historical evidence, including some that the Supreme Court has already considered and rejected, the Fourth Circuit erroneously concluded this nation has a tradition of banning the possession of commonly owned firearms like the AR-15.
There is no such tradition. Nor could there be in a free nation.
The brief argues, “…there is no principled distinction between weapons that are ‘for military use’ and weapons that are ‘for private use.’ By pretending otherwise, the Fourth Circuit authorizes itself to ignore the Second Amendment whenever it thinks a weapon looks too much like a soldier’s. And this leaves citizens, businesses, and regulators guessing as to what supposedly makes an arm ‘most useful in military service’ – after all the Fourth Circuit said that even weapons with only semi-automatic capabilities may be considered best suited for military…even if the military does not actually use such weapons.”
Joining Idaho’s Attorney General Labrador in this effort are attorneys general from Alabama, Alaska, Arkansas, Florida, Georgia, Indiana, Iowa, Kansas, Kentucky, Louisiana, Mississippi, Missouri, Montana, Nebraska, New Hampshire, North Dakota, Ohio, Oklahoma, South Carolina, South Dakota, Tennessee, Texas, Utah, Virginia, West Virginia, Wyoming, and the Arizona and Wisconsin Legislatures.