The faulty Fourth Circuit decision issued last week upholding Maryland’s Scary Gun Ban runs afoul of good jurisprudence. The ruling found that Second Amendment protections don’t extend to individuals who wish to own certain semi-automatic rifles like the AR-15, calling them, “weapons that are most useful in military service.” However, a document sent to me yesterday offers hope of correcting that in the form of a proposed executive order to be issued by President Trump.
Virginia attorney Lenden Eakin sent me the text of the proposed order and gave permission to share it.
The simple mechanism of attorney Eakin’s proposal: by defining certain categories of rifles for militia use, the President could strike state and local bans on many of the most popular “assault rifles” and their magazines.
Mr. Eakin also notes: “An Executive Order like this could have a significant impact on the litigation to challenge Assault Weapons Bans currently making its way through the Courts. It would help the challengers.”
This is meant to serve as a stop-gap measure. Ideally, only until a more permanent remedy could be achieved. Or alternatively, until the Supreme Court, with one or more President Trump appointees, could reverse that Fourth Circuit ruling and strike scary gun bans on the whole.