The United States Court of Appeals for the Fourth Circuit announced this afternoon that it has agreed to an en banc re-hearing in Kolbe v. Hogan. As we previously reported, the Fourth Circuit’s earlier decision in Kolbe has the potential to invalidate Maryland’s ban on common semi-automatic firearms and detachable magazines. The Kolbe decision is extremely important, as it is the first instance where a United States court of appeals required “strict scrutiny,” the most stringent form of judicial review, for a ban on so-called “assault weapons” and detachable magazines.

The outcome is the re-hearing is too close to call at this point. We will keep you apprised of further developments of this NRA-supported case as they occur.