\n<\/p>\n
We recently reported that the U.S. Supreme Court declined to hear<\/a> two cases related to the Second Amendment\u2014one challenging Delaware\u2019s ban on so-called \u201cassault weapons\u201d and \u201chigh-capacity\u201d magazines, and the other targeting Maryland\u2019s handgun licensing requirements.<\/p>\n To most gun-rights activists, the decision to not consider those cases was a disappointing one, as both Delaware\u2019s ban and Maryland\u2019s licensing requirements are arguably unconstitutional, especially when considering the criteria set down in the 2022 Bruen <\/em>ruling.<\/p>\n However, not everything Second Amendment-related coming out of SCOTUS lately has been negative. According to a report at theindependent.org<\/a>, two such cases were recently relisted for the court to again consider whether it will hear the cases.<\/p>\n The first case is Snope v. Brown<\/a><\/em>, which also contests Maryland\u2019s ban on semi-automatic rifles that are commonly used. In a brief urging the Supreme Court to consider the case, the National Rifle Association (NRA) succinctly summarized the appellant\u2019s arguments.<\/p>\n \u201cThe Heller <\/em>Court applied the text-and-history test later expounded in New York State Rifle & Pistol Ass\u2019n, Inc. v. Bruen <\/em>(2022),\u201d the brief stated. \u201cAnalyzing the Second Amendment\u2019s plain text, Heller<\/em> determined that the Second Amendment extends, prima facie, to all bearable arms. Proceeding to our nation\u2019s historical tradition of firearm regulation, Heller<\/em> held that only \u2018dangerous and unusual\u2019 arms may be banned, and because common arms are not unusual, a ban on common arms violates the Second Amendment. Under Heller<\/em>, this case is simple: Because Maryland bans common semiautomatic rifles\u2014 including the most popular rifle in America\u2014the ban violates the Second Amendment.\u201d<\/p>\n It\u2019s easy to demonstrate how commonly used AR-15s and other modern semi-automatic sporting rifles are. According to a recent report<\/a> from the NSSF, American citizens own over 30 million of these rifles, making the argument that they are \u201cnot in common use\u201d quite weak.<\/p>\n Ultimately, in its petition, the NRA asked the court to grant the Petition for Certiorari to \u201creaffirm its precedents and restore the right of Americans to possess common weapons.\u201d<\/p>\n
![<\/a>Shutterstock Illustration<\/figcaption><\/figure>\n<\/div>\nWe recently reported that the U.S. Supreme Court declined to hear<\/a> two cases related to the Second Amendment\u2014one challenging Delaware\u2019s ban on so-called \u201cassault weapons\u201d and \u201chigh-capacity\u201d magazines, and the other targeting Maryland\u2019s handgun licensing requirements.<\/p>\nTo most gun-rights activists, the decision to not consider those cases was a disappointing one, as both Delaware\u2019s ban and Maryland\u2019s licensing requirements are arguably unconstitutional, especially when considering the criteria set down in the 2022 Bruen <\/em>ruling.<\/p>\nHowever, not everything Second Amendment-related coming out of SCOTUS lately has been negative. According to a report at theindependent.org<\/a>, two such cases were recently relisted for the court to again consider whether it will hear the cases.<\/p>\nThe first case is Snope v. Brown<\/a><\/em>, which also contests Maryland\u2019s ban on semi-automatic rifles that are commonly used. In a brief urging the Supreme Court to consider the case, the National Rifle Association (NRA) succinctly summarized the appellant\u2019s arguments.<\/p>\n\u201cThe Heller <\/em>Court applied the text-and-history test later expounded in New York State Rifle & Pistol Ass\u2019n, Inc. v. Bruen <\/em>(2022),\u201d the brief stated. \u201cAnalyzing the Second Amendment\u2019s plain text, Heller<\/em> determined that the Second Amendment extends, prima facie, to all bearable arms. Proceeding to our nation\u2019s historical tradition of firearm regulation, Heller<\/em> held that only \u2018dangerous and unusual\u2019 arms may be banned, and because common arms are not unusual, a ban on common arms violates the Second Amendment. Under Heller<\/em>, this case is simple: Because Maryland bans common semiautomatic rifles\u2014 including the most popular rifle in America\u2014the ban violates the Second Amendment.\u201d<\/p>\nIt\u2019s easy to demonstrate how commonly used AR-15s and other modern semi-automatic sporting rifles are. According to a recent report<\/a> from the NSSF, American citizens own over 30 million of these rifles, making the argument that they are \u201cnot in common use\u201d quite weak.<\/p>\nUltimately, in its petition, the NRA asked the court to grant the Petition for Certiorari to \u201creaffirm its precedents and restore the right of Americans to possess common weapons.\u201d<\/p>\nThe other case is Ocean State Tactical v. Rhode Island<\/em><\/a>, which asks whether a confiscatory ban on the possession of magazines that are in common use violates the Second Amendment.<\/p>\nIn a brief filed asking the Supreme Court to consider this matter, the NSSF used a similar argument to that used in the \u201cassault weapons\u201d ban case.<\/p>\n\u201cIn District of Columbia v. Heller,<\/em> this Court established a clear constitutional rule: If an arm is in common use for lawful purposes by the American people, then an \u2018absolute prohibition\u2019 is simply \u2018off the table\u2019 for the government,\u201d the brief argued. \u201cIn the years since, Justices Thomas, Alito, and then-Judge Kavanaugh have all expressly affirmed that Heller<\/em> meant what it said: If an arm is in lawful common use, it cannot be totally banned\u2014full stop. That should make this an easy case. What Rhode Island calls \u2018large-capacity magazines\u2019 (LCMs)\u2014those that hold more than 10 rounds\u2014are in reality ordinary magazines that are a standard component of the country\u2019s most popular firearms. They are in lawful and common use\u2014i.e., they are \u2018typically possessed\u2019\u2014by millions of law-abiding Americans seeking to defend themselves, their families and their communities.\u201d<\/p>\nIt remains to be seen whether the Supreme Court will agree to hear either of these cases. But at some point, it needs to weigh in once and for all on the many unconstitutional laws banning semi-auto rifles and normal-capacity magazines being passed regularly by lawmakers in less gun-friendly states.<\/p>\n<\/p><\/div>\n\nSource link <\/a><\/p>\n","protected":false},"excerpt":{"rendered":"Shutterstock Illustration We recently reported that the U.S. Supreme Court declined to hear two cases related to the Second Amendment\u2014one challenging Delaware\u2019s ban on so-called \u201cassault weapons\u201d and \u201chigh-capacity\u201d magazines, and the other targeting Maryland\u2019s handgun licensing requirements. To most gun-rights activists, the decision to not consider those cases was a disappointing one, as both […]<\/p>\n","protected":false},"author":1,"featured_media":4005,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[5],"tags":[],"class_list":{"0":"post-4490","1":"post","2":"type-post","3":"status-publish","4":"format-standard","5":"has-post-thumbnail","7":"category-reviews"},"_links":{"self":[{"href":"https:\/\/gunsandpride.com\/index.php?rest_route=\/wp\/v2\/posts\/4490","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/gunsandpride.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/gunsandpride.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/gunsandpride.com\/index.php?rest_route=\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/gunsandpride.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=4490"}],"version-history":[{"count":0,"href":"https:\/\/gunsandpride.com\/index.php?rest_route=\/wp\/v2\/posts\/4490\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/gunsandpride.com\/index.php?rest_route=\/wp\/v2\/media\/4005"}],"wp:attachment":[{"href":"https:\/\/gunsandpride.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=4490"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/gunsandpride.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=4490"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/gunsandpride.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=4490"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}](\"https:\/\/cdn0.thetruthaboutguns.com\/wp-content\/uploads\/2024\/10\/Supreme-Court-Justices-Sketch.jpg\"){kind=link}