4th Circuit will reconsider en banc whether Md. ban on magazines and semiautomatics requires strict scrutiny

|The Volokh Conspiracy |

For more on the original decision in Kolbe v. Hogan, which requires strict scrutiny of the ban on selling many firearms and magazines that hold more than 10 rounds, read David Kopel's Feb. 4 post. The entire U.S. Court of Appeals for the 4th Circuit will now reconsider the matter (the original decision was by a 2 to 1 vote of a three-judge panel). The circuit is predominantly Democrat-appointed, and the appointing president's party is something of a predictor of a judge's views on the Second Amendment. Note, however, that the original decision was written by Chief Judge William B. Traxler Jr., who was appointed to the 4th Circuit by President Bill Clinton. Oral argument will be May 11.

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