
by Dick Hall-Sizemore
Pop quiz.ย Who said the following about assault weapons?ย โThey are military-style weapons designed for sustained combat operations that are ill-suited and disproportionate to the need for self-defenseโฆ[and] which have become primary instruments of mass killing and terrorist attacks in the United States?โ
- Vice-President Kamala Harris
- Sen. Mark Kelly
- President Joe Biden
- Chris Rock
OK.ย So, it is a trick question. The correct answer is โnone of the above.โย The answer is Judge J. Harvie Wilkinson, III, of the Fourth U.S. Circuit Court of Appeals.ย Wilkinson, from Richmond, is the longest-serving member of the court, having been appointed in 1984.ย He is well-respected and considered one of the most conservative members of the court. His name was often included in lists of possible appointments to the Supreme Court, and he was interviewed by President George W. Bush for a vacancy.
Wilkinsonโs characterization of assault weapons is included in his majority opinion in a recent case, Bianchi v Brown, issued in a 9-6 ruling by the full court upholding Marylandโs law prohibiting assault weapons.ย Specifically, the Maryland statute prohibits the selling, purchasing, receiving, transporting, transferring, or possessing an assault weapon and authorizes law-enforcement officers to seize and dispose of such weapons sold, purchased, received, transported, transferred, or possessed.ย (Md. Code Criminal Lawย Sec. 4-303, et seq.)ย The Maryland statute goes into some detail defining โassault weapon.โย That description is set out in the Bianchi opinion.
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