SCOTUS Rejection of 2A Cases Moves Up Likelihood of a Forced Choice for Gun Owners

By ignoring their oaths and usurping legislative powers, the Roberts court, with a few notable exceptions like Clarence Thomas, is guaranteeing gun owners will be forced to choose between obeying disarmament edicts or resisting them, with all that implies. (Fred Schilling, Collection of the Supreme Court of the United States)

U.S.A. – -( “Opponents of gun safety laws have again failed in their efforts to get the Supreme Court to adopt their extreme and dangerous approach,” Eric Tirschwell, managing director for Everytown Law crowed Monday, following the high court’s refusal to consider any of the 10 gun owner rights appeals petitioning to be heard. “In each of the cases, the lower courts correctly determined the Second Amendment is not a barrier to the reasonable, life-saving gun safety policies being challenged. The Supreme Court recognized there is no need to revisit these thorough rulings.”

They were pretty moderate cases, really, some challenging “special needs justifications” used to turn “may issue” into “don’t hold your breath,” bans on “commonly owned” standard capacity magazines and firearms, a challenge to interstate prohibitions on handguns sales, a challenge to a ban on handguns that do not employ microstamping and a challenge to the denial of rights to non-residents.

It’s not like anybody was asking them to admit the Founder’s mandate that “the right of the people to keep and bear arms shall not be infringed.” Or recognize the core purpose of the Second Amendment, and how state infringements undermine “the security of a free State” and of the Republic as a whole to the benefit of “enemies foreign and domestic.”

And that makes it fair for gun owners to ask what the hell is going on with the Supreme Court, and particularly with its top turncoat.

“The Supreme Court’s refusal to take a Second Amendment Foundation case falls squarely at the feet of Chief Justice John Roberts,” Alan Gottlieb of the Second Amendment Foundation asserted in a press release condemning the high court’s deliberate indifference. “He owes every gun owner in the United States an explanation about why the high court declined to hear a number of important Second Amendment cases.”

For those of us who have been watching Roberts for some time, his dereliction from fidelity to the Constitution comes as no surprise, particularly after his Obamacare betrayal. Speculation about who’s got what on the guy seems more than warranted.  Some of us questioned why gun owners were overwhelmingly supportive of him before he was confirmed, noting there was plenty of Republican establishment rah-rah, but no real basis from which to make an informed judgment.

That holds true for other nominations, where the name of the game is partisan rubberstamping instead of finding out what really makes the justices tick. A report by Congressional Research Service explains:

“In recent decades a recurring Senate issue has been what kinds of questions are appropriate for Senators to pose to a Supreme Court nominee appearing at hearings before the Senate Judiciary Committee. Particularly at issue has been whether, or to what extent, questions by committee members should seek out a nominee’s personal views on current legal or constitutional issues or on past Supreme Court decisions that have involved those issues. Usually, when Senators at confirmation hearings have asked Supreme Court nominees to comment on topical legal and constitutional issues, the nominees have firmly declined to do so. In those situations, the nominees typically have taken the position that answers to questions that convey their personal views would conflict with their obligation to avoid appearing to make commitments or provide signals, as to how they would vote as a Justice on future cases.”

Think of one job you’ve ever applied for where you’d have gotten it if you decided to play coy with the hiring managers.  While it may be “inappropriate” for a judge to weigh in on a specific case before confirmation — for legitimate reasons, including not having studied and evaluated all the particulars, evidence and precedents against the “supreme Law of the Land,” — there’s no reason why general principles of understanding should be off-limits. Such hearings are supposed to be, among other things, high-level employment interviews, not pre-coronation ceremonies.

As such, here are questions gun owner rights advocates should expect the representatives they enable and support to ask that any qualified candidate shouldn’t have any trouble answering:

  • What did the Founders mean by “A well regulated militia”?
  • What did the Founder mean by “being necessary to the security of a free State”?
  • What did the Founders mean by “the right of the people to keep and bear arms”?
  • What did the Founders mean by “shall not be infringed”?
  • How can past Supreme Court opinion specifying protected arms as those being “in common use at the time” not apply to the types of firearms needed for militia service?

Hell, correctly answering these should be required to graduate high school. But it won’t happen even with Republicans nominally in control of things, let alone if there’s a blue wave in November. So what “legal” recourse is available?

You can’t hoist them on their own petard. Judicial immunity means you can’t take them to court for the subversion of Founding intent. And good luck getting the current crop of interested/compromised/beholden Deep State Swamp denizens to even suggest impeachment, although allow a Democrat supermajority and don’t be surprised to see Clarence Thomas targeted anew.

There is one other legal alternative. Per the Hoover Institute:

“Congress should exercise its power to limit the jurisdiction of the courts. The Constitution provides that Congress is authorized to establish those federal courts subordinate to the Supreme Court and set forth their jurisdiction. Congress also has the power to limit the jurisdiction of the Supreme Court and regulate its activities. Accordingly, Congress should exercise this authority to restrain an activist judiciary.”

Again, don’t hold your breath. Too many string-pulling special interests like things the way they are and are counting on legislation coming from the bench when they know they don’t have the votes to advance their agendas the Constitutional way – yet.

That too is changing. And with Thursday’s 5 – 4 ruling, with John Roberts once more siding with the “liberals” writing the majority opinion on DACA “undocumented immigrants,” expect Democrats to renew their push to transform the “pathway to citizenship” to an open borders superhighway. If they take all in November, get ready for the electoral, legislative, and judicial evisceration of the Second Amendment, especially after another high-profile exploitation of “gun-free zones,” their very existence guaranteeing more coming.

Do you think “legal” semiautos won’t be next on the ban list, and that in-your-face legal abominations like ruling they are the same as machineguns won’t be upheld? (And to think there are still some ignoramus gun owners out there bloviating the “bump stock” ban was about stupid toys, and who ridicule those warning of new dangers that will arise from the “precedent.”)

So – if “legal” doors are slammed in our faces, what choices will gun owners have, except to surrender or defy confiscation orders?

“[T]he liberties of the American people were dependent upon the ballot-box, the jury-box, and the cartridge-box; that without these no class of people could live and flourish in this country,” civil and human rights pioneer and giant Frederick Douglass maintained in his classic Life and Times autobiography.

“Those who make peaceful revolution impossible will make violent revolution inevitable,” Democrat President John F. Kennedy, an NRA  Member ostensibly shot to death by an ACLU member, observed.

And lest one think he did not understand the issue:

“By calling attention to ‘a well regulated militia,’ the ‘security’ of the nation, and the right of each citizen ‘to keep and bear arms,’ our founding fathers recognized the essentially civilian nature of our economy. Although it is extremely unlikely that the fears of governmental tyranny which gave rise to the Second Amendment will ever be a major danger to our nation, the Amendment still remains an important declaration of our basic civilian-military relationships, in which every citizen must be ready to participate in the defense of his country. For that reason I believe the Second Amendment will always be important.”

At this point, there are plenty of reasons for gun owners to be concerned, not the least being Donald Trump’s unique ability to alienate the core constituency that got him elected (and a new report of a potential ATF reversal on arm braces isn’t helping). What we know for certain is that if Joe Biden and the Democrats win “bigly,” the means of peaceful redress supposedly guaranteed by the First Amendment will be as closed off to us as “Second Amendment protections.”

None of us has a crystal ball to know what is coming next, but it does look like November could be our “last best hope” for such redress using the remarkable system bequeathed us by our Founders. After that, who knows what terrible choices each of us will be confronted with, and when?

The one thing we will come to know to our credit or our shame is how serious we each are when we declare “WE WILL NOT DISARM” and the only choices left by those who would claim our rights as theirs are surrender or resist.

About David Codrea:David Codrea

David Codrea is the winner of multiple journalist awards for investigating/defending the RKBA and a long-time gun owner rights advocate who defiantly challenges the folly of citizen disarmament. He blogs at “The War on Guns: Notes from the Resistance,” is a regularly featured contributor to Firearms News, and posts on Twitter: @dcodrea and Facebook.

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Deplorable Bill

“The RIGHT of the people to keep and bear arms SHALL NOT BE INFRINGED.” A kid can easily understand and explain this. In the past two weeks the supreme court has gone out of their way to destroy just about everything that America is founded upon. It seems to me that they and the progressive, demoncrapic, socialist, communist left are FORCING A CIVIL/REVOLUTIONARY WAR. What has been right and good and true since the garden of Eden still is and what has been an abomination since the garden of Eden still is. These truths are self evident. According to the… Read more »


Thank you for your service. Not just for the time you served under our military, but as a continuing 2A fighter.


Seems to me the only choice we have left is to choose the side we plan to fight for. Recent events are a clear indication that armed conflict is in our near future. Regardless of how the vote falls 11/03/20 it will not be accepted as honest, truthful, free and fair by the loosing side. Which side that wins will be the factor as to how soon the shooting starts. If Trump looses the fighting won’t start until they actually come after our guns. If a Trump win is confirmed, don’t expect a Christmas shopping season for 2020. The left… Read more »


If there are no cops then the civil war is ON
Won’t take long

To the right

The left can make any laws they want, but I know what the Constitution says. As for me, I will not comply with any gun grabbing scheme.


One recent development which may work greatly in our favor is the leftist’s turning on law enforcement. Branding LEO’s as killers, as the LA mayor did, then expecting them to do your confiscation dirty work is probably not a winning strategy.


No, that wasn’t actually a world-class idea…


The majority of police vote and support democrat politicians, mostly because of the promises of pay and benefits, but none-the-less, the majority of cops WILL follow orders and violate your constitutional rights. Personal experience from the inside.

Some guy

Any of you who still believe that this ends without bloodshed are either idiots or fools. The DNC has been funding a terrorist organization for years. You have watched their terrorist cells in action on the TV news for the last two weeks. Yet you still hold the wool over your own eyes, thinking that somehow voting and talk will stop domestic terrorists. These same terrorists are currently holding large areas of a major city at gunpoint. SCOTUS is nothing but political hacks, run by a compromised clown who is clearly being controlled by outside forces. The answer is clear,… Read more »


Not now, but soon………


Vote Republican in November or we will have decades or longer of the courts limiting our constitutionally protected RTKABA and other rights as well.

Let’s encourage Trump to sign an executive order for the Justice Department to pursue 2A infringement cases as they would for any other civil right.

Let’s also work to end lifetime appointments for all Federal judges. We should set a maximum number of years they can serve and a mandatory retirement age (whichever comes first). Perhaps a 10-year term, which can be extended a other 5 years with an up-or-down vote in the Senate.


Be careful what you ask for. Your proposal will go both ways and politicize the SC more so than it is already.


Jeff, you are delusional. You can vote republican all you want. DJT is the last republican president we will ever have. It’s a numbers game. The left controls the vote. Besides, the repubs are compromised. They will not defend your rights nor have they for several decades. There is no voting your way out. There is no reform. Separate NOW. WE go out own way one way or the other. WE hold all the advantages, for now.

Green Mtn. Boy

The parched tree is badly in need of water,tyranical government, no matter the branch will cause the people to grab their watering buckets.


Chief Justice John Roberts is a globalist, never-trumper, and he proves it in his written opinions.

Wild Bill

There are three equal branches of the federal government. All the executive branch has to do is refuse to carry out the S. Ct.’s dictates. “The Supreme Court has made their ruling. Now, let’s see them carry it out.”


We need a national town hall debate. Why don’t 2A organizations organize a national 3-day “show-of-force” million man convention in the streets following the Seattle model (except for the burning/looting/rioting). Everyone would be armed to the teeth. The agenda would be to educate SCOTUS, politicians, and people and young adults nationwide about how the 2A underwrites all our freedoms, that without it, America is gone. We would also highlight stories of self-defense use of guns. The theme is what John F. Kennedy said:

“Those who make peaceful revolution impossible will make violent revolution inevitable,”


Bob, if and that’s a big IF, you lived in a culturally homogeneous republic where nobody on welfare could vote, no illegal aliens could vote and no dead people could vote. And if the school system wasn’t run by marxists and brainwashing the last several generations. If the wasn’t R/K Gene selection going on in broken/fatherless homes… If, if, if… The you 3 day protest by gun owners might have some long term effect. We are way past the point of ‘reform’. We need to separate NOW into an independent conservative republic and the left can have their urban city… Read more »


Could it be they are wary of setting record that the second amendment says exactly as written. Then the tenth amendment is then read as it is written not as they think it is.
just what changes then would happen



uncle dudley

I only county three sets of balls on the court and they belong to the women as we know which way they will vote anytime it concerns guns, against them.
The men are spineless and won’t do what the constitution demands by upholding the rights given in the founding documents.


AFAIK, Clarence Thomas is always on the side of The Constitution and common sense. I wish we could clone him and dump the rest of them.


…upholding the rights given by our Creator, and affirmed in the founding documents. An important point. Leftists will change the constitution and tell us we no longer have that right, but the founders declared our inalienable rights come from God and can never be taken from us. When the time comes to make the decision to resist or comply I along with many others will rely on our GOD GIVEN RIGHTS.




While I generally agree with pretty much everything David Codrea writes and appreciate all he put into this article, I must say I disagree with the starting premise of this article. There is no choice.

When given chance to surrender everything or not – question is only how well you have prepared. Questions are: who are your allies, how are you coordinating, how effectively have you trained and equipped, and how far are you willing to go?


I couldn’t agree more. “So – if ‘legal’ doors are slammed in our faces, what choices will gun owners have, except to surrender or defy confiscation orders?” There is no choice, we defy. It’s as simple as that. Gun owners cannot scream from the rooftops that, “Guns are not for hunting! The 2nd Amendment is for protection from a government tyranny!”, and then think “surrender” is even an option “if legal doors are slammed.” If legal doors are slammed, that is PRECISELY what the 2nd Amendment was for – an absolute last resort when all other peaceful and legal options… Read more »


I agree with the article but I would disagree with “Moves Up Likelihood of a Forced Choice”. Seems like we’ve already had a lot of forced choices. Bumpstock bans, magazine bans, registration schemes, limits on what type of firearms or ammunition you can own, limits on how many firearms you can buy a month, waiting periods and on and on. As far as I can tell there are people across the USA that are already making the choice of ignoring many of these laws and regulations. If firearms owners haven’t already they need to start thinking about what they’re going… Read more »


I think what the author is getting at is that they NOW want it all! That’s the choice, are you going to give them everything? You know what comes after that right? This must be very similar to Germany in the years leading up to WW2.


There is a BIG WIDE YELLOW STRIPE down the backs of these SO-CALLED “supreme court judges” who are REINTERPRETING the Constitution along the COMMUNISTIC SWAY. These TURN-COATS MUST be EJECTED from the COURT for ABDICATING their OATH OF OFFICE of SUPPORTING the American Constitution.


The short version is: When the time REALLY comes, will you all stand together, protect each other, and fight if needed, or will you decide to surrender all, and “learn to live with it”? Will any/all of you be willing to arm up and go support your neighbors when your neighbors are being threatened and hauled away to jail? Are you willing to “put your fortunes, property and lives” on the line like the founders did? Sitting on the couch as an armchair patriot is one thing. Picking up your guns, going across town or to a nearby town to… Read more »

Deplorable Bill

My fortune, my property, my life and my honor. This mess could start as early as this weekend. My family, friends, neighbors all KNOW I will do what is necessary to protect them. Then there is the innocent guy on the street who has no idea, he gets protected also. I hope and pray it does not come to that but I see no other way at this point. We may make it to the election — maybe. With the demoncraps funding and supporting antifa, blm (now state run terrorist organizations), the “news” propaganda and censoring anybody who has some… Read more »




There is no ‘reform’ or voting your way out of this mess. Why in the world is anyone on this comment section for saving the USA? It is a death sentence. A United country is one of homogeneous values and culture. I have absolutely nothing in common with the libs/lefties and they nothing with me. They hate us and will not stop until we are destroyed or dead. I do share common values with YOU and you here are the ones I want to chart my future with. — SEPARATION IS THE ONLY ANSWER.– Let the Blues go their own… Read more »

Wild Bill

@Kaiser, I disagree our founding fathers were smarter than that. They designed a system that is responsive to the majority of the voters, but has checks and balances too.
We need to stop teaching socialism in the schools, and allowing judges, bureaucrats and politicians corrupt the system.
More than a million people have signed up to attend the Trump rally in Tulsa. If he can bring honest people with him to take control of the House of Rep. and maintain the Senate, then we can start using the check and balance tools that the founding fathers gave us.


Very big but very important “ifs” my friend.


Bill, yes the founders were smart. Only property owning males could vote. No welfare, warfare state. No massive centralized federal control. Virtually no taxation on citizens. We are at a 180 from and in no way resemble their egalitarian system. You are delusional if you think you can reform the present evil incarnation of state control, lack of homogeneous population and cultural rot.

Wild Bill

@OV, I hope that the left goes full on armed mutiny. My LPCs (leather personnel carriers) are ready.


Yes, that is true. But moral men will offer peace before slitting throats. Legacy Americans hold every advantage, why are we so brainwashed into lethargy? The country would stop dead if Legacy America stopped going to work next Friday.


I think you are correct to some extent. There will always be those who prefer to use violence to an end because it is more final in the end. The trouble with violence is that it begets violence as an answer. Those that are prepared usually are the survivors while many blind emotional people suffer the worst. The Supreme Court has degraded the Constitution so badly that it don’t adhere to the original intent that it is inevitable that a challenge will come to the front. The Constitution in it’s original intent is the most important document to ever exist… Read more »



I know you had to write this – it was imperative. I’m glad you did.

Now, how many policy makers will heed the warning?


Don’t be fooled, if there is a blue wave in November, Republicans won’t only be defeated electorally, they’ll be vanquished. That’s what Dems want. With the whole Congress in their hands, along with the deep state, all Leftist/globalist dreams will be thunderously fulfilled. Open boarders, end of Electoral College, statehood for D.C. and P.R. Implemented to be irreversible. Kiss you country good bye. Republicans and conservatives will surrender to the political and social juggernaut. For the sake of your children and their descendants, re-elect Trump and vote red for Congress.


It is coming regardless of who wins in November. Too many RINO’s will ensure that, up to and including DJT.


I think you are pretty close to the mark with this. No matter who wins this November, the other party is not going to accept the results, just like the last election, when Trump came from nowhere to defeat the anointed one, Hillary. From even before that election, it is obvious that some top level Democrats thought that Trump was going to win, or Obama and the rest would not have bothered to spy on him and his subordinates. Something that I still find it hard to believe that heads have not rolled as of yet. Trump was on his… Read more »

Wild Bill

, IF


Only one way to stop TYRANTS!!! Voting doesn’t work, writing and calling congress doesn’t work and litigation doesn’t work. Our rights are being criminalized. So much TYRANNY!!!


The choice is resist or obey,I say resist. better to die on your feet than on your knees


I have to say im wondering why these TRAITORS havnt been removed from their positios as Fed Judges?They are scumbags that are catering to the left for nothing more then Popularity! I say HANG THEM!!!




A lot to consider … and, I appreciate the embedded links. Following on the last bullet of “questions for SCOTUS nominees” I suggest adding: Why doesn’t stare decisis apply to “in common use at the time” ? And, perhaps more appropriate – “Why should SCOTUS continue to be deferential to stare decisis ? Clearly all legal systems requires some precedents … but then again, perhaps we need fewer “laws” and “regulations” and a more cohesive sense of who are Americans, e.g., those who understand the reason the country was formed – mutual self-defense from all “governments”, and its founding principles… Read more »


If that’s real it explains some things.

Get Out

IMOA, some SCOTUS justices have trouble comprehending the Constitution and BoR based off of their past voting records pertaining to the 2nd Amendment.


Well, we can not do this separately. They’ll pick us up and bag us for sure if we do this one by one, we all need to be together on this, in the same mind. You’re absolutely right David, we all have choices to make here and I’m old enough to not care anymore but that also means I’m too old to be of much effect in a fight. That’s a sad fact to have to face, rejoice oh young man in thy youth. I’ll tell you what I just cant fathom, that the police, after being just thrown under… Read more »


creating phony documents only feeds the leftists propaganda that WE are the crazy ones…..


@USA – Most recent JFK theory I’ve heard is that final-fatal shot came from an ND by secret service agent at back of JFKs car as he rose, turned and attempted to swing his rifle toward sound of the first shot.


Time to go our own way!
Richmond July 4th


When the SCOTUS turned their backs on protecting the Bill of Rights, we the people, have been backed into a corner as it leaves few ways for us to defend our rights. And none of them have a good outcome for the country. I think the best of these bad choices is to form very strong militias (well regulated) in each state. Not the violent type but rather militias of determined 2nd amendment patriots. These members will be required to possess concealed carry permits (which require background checks) and to train regularly. There would be a command protocol along with… Read more »

Ryben Flynn

Not all States require a permit to carry concealed. Maine, Arizona, Kansas, Wyoming, Alaska, Vermont, and Missouri do not require a permit to conceal carry. 31 States allow Open Carry without a permit, the 7 listed included.


Add Oklahoma (now a Constitutional Carry state) to that list of 7…

Alan in NH

Also New Hampshire, no license required.


You are forgetting very important points. Part of the problem is states that are may issue and wont issue full carry permits or issue them at all, magazine restrictions, some states have made forming militias illegal!


@Don’t – Not sure about the rest of them, but I’m pretty sure that VA law bans lots of stuff IF intent is to intimidate or participate in civil unrest Highly doubtful they could successfully using that law to prosecute a group for training, if that group has a simple mission statement of protecting the community and fulfilling the 2nd amendment. Not saying they won’t win something out of the myriad charges they would pile on – but right to form a militia for security of the state is inherent in first phrase of second amendment. Hard for them to… Read more »

Some guy

Just turn them in and lick the boot. That’s where your plan is headed in the end. SCOTUS is compromised, someone has something on Roberts, and the others saw what happened to Scalia. There’s nothing to stop them. And your “well regulated” militia isn’t going to change anything.

Wild Bill

@chief, Just poison the cites’ water sources. Revolution over.