“We conclude … that the banned assault weapons and large-capacity magazines are not protected by the Second Amendment,” Bill Clinton nominee and 4th Circuit Court of Appeals Judge Robert King wrote in the opinion to Kolbe v. Hogan, a challenge to the State of Maryland’s “assault weapons” ban. “That is, we are convinced that the banned assault weapons and large-capacity magazines are among those arms that are ‘like’ ‘M-16 rifles’—’weapons that are most useful in military service’—which the Heller Court singled out as being beyond the Second Amendment’s reach.
“Put simply, we have no power to extend Second Amendment protection to the weapons of war that the Heller decision explicitly excluded from such coverage,” he disingenuously whined.
And all the Supreme Court had to do to let this logically and legally indefensible position prevail was … nothing. SCOTUS refused to take the case for reasons that would certainly have included tripping all over its own contradictions.
By David Codrea