|Photo by Bill Boylan, 2010 Rally at the Capital|
Kolbe v. Hogan (formerly known as Kolbe v. O'Malley) is a case in Maryland very similar to our Shew v. Malloy here in CT. Both cases concern bans on so-called "assault weapons" and "Large Capacity Magazines". Both cases argue that the ban on "copies" of banned assault weapons is unconstitutionally vague. In both cases the courts failed to apply strict scrutiny, instead applying a lower standard.
The lesser intermediate scrutiny merely "requires the government to 'demonstrate . . . that there is a reasonable fit between the challenged regulation and a substantial government objective.'”. Strict scrutiny should be a difficult standard for Maryland to satisfy.