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44 U. Balt. L.F. 75 (2013-2014)
The Firearms Safety Act and the Future of Second Amendment Debate

handle is hein.journals/ublfo44 and id is 79 raw text is: ARTICLE THE FIREARMS SAFETY ACT AND THE FUTURE OF SECOND AMENDMENT DEBATE By: Dominic Lamartina INTRODUCTION: HELLER AND THE 2013 GUN DEBATE T he Second Amendment to the U.S. Constitution confers the right of the people to keep and bear arms.' By itself, this is a vague standard that many contest to this day.2 In 2008, the U.S. Supreme Court was tasked with defining the breadth of the Second Amendment as it relates to government attempts to limit access to firearms.3 The District of Columbia v. Heller decision was one that crafted an individual right for American citizens to possess firearms protected under the Second Amendment.4 In the aftermath of Heller, and in response to recent mass shootings such as the ones carried out in Aurora, Colorado and Newtown, Connecticut, many states now struggle to find a balance between the benefits of public safety with more strict legislation and the difficulties of potentially taking away the liberties of its citizenry.5 Maryland is no exception. On May 16, 2013 Governor Martin O'Malley signed the Firearm Safety Act of 2013 into law.6 This law creates new restrictions devised to promote public safety in the State of Maryland by limiting gun access.7 The law adds forty-five new weapons to a list of banned weapons in Maryland.8 Another major regulation outlaws handgun magazines that hold more than ten rounds.9 Finally, the State crafted a new licensing system for prospective handgun buyers.'° This article will address these controversial issues in the framework of Constitutional challenges. The discussion section will lay out the arguments, 'District of Columbia v. Heller, 554 U.S. 570, 579, 581 (2008). 2 See id. 3 See id. 4 See id. at 635-36. 5 See Governor O'Malley Signs Historic Firearms Safety Act, MARYLANDERS TO PREVENT GuN VIOLENCE (May 16, 2013), https://marylanderstopreventgunviolence.org/govemor-omalley-signs-historic- firearms-safety-act/. 6 id. 71d. 8 S.B. 281, 2013 Leg., 430th Sess. (Md. 2013). However, there is a clause allowing individuals who have already purchased one of these items, or did so before the October 1 deadline, to keep their weapons. 9Id. 1°1Id.

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