What Courts Can and Cannot Do For the Second Amendment

The Roberts Court, April 23, 2021
Seated from left to right: Justices Samuel A. Alito, Jr. and Clarence Thomas, Chief Justice John G. Roberts, Jr., and Justices Stephen G. Breyer and Sonia Sotomayor
Standing from left to right: Justices Brett M. Kavanaugh, Elena Kagan, Neil M. Gorsuch, and Amy Coney Barrett.
Photograph by Fred Schilling, Collection of the Supreme Court of the United States

SCOTUS/United States – -(AmmoLand.com)-The upcoming Supreme Court case challenging New York’s restrictive carry laws is rightly seen as an exciting chance to change things. However, while a victory in this case would generate a lot of good when it comes to our rights, Second Amendment supporters must also recognize that there are some things the courts cannot protect us from.

For starters, let’s look at what the courts can do, not just in New York State Rifle & Pistol Association Inc. v. Bruen, but others percolating up through the system. A favorable ruling in New York State Rifle & Pistol Association Inc. v. Bruen would combine with the Heller-Caetano one-two punch too, in all likelihood (barring a packed court) to start dismantling many of the legislative and regulatory attacks on our rights.

In other words, “shall issue” concealed carry would be the worst-case across the country. There would be no semi-auto bans, no arbitrary limits on magazine capacity, and there is a good chance we could get some form of national reciprocity, either from a court case centered on the “full faith and credit” clause or because anti-Second Amendment extremists will come to the table to discuss national reciprocity legislation. These will be substantial victories, provided we can keep anti-Second Amendment extremists from packing the court.

Now comes the need for a reality check.

The likes of Michael Bloomberg, Chuck Schumer, Shannon Watts, and others will not give up – even after a string of rulings. They will come after our rights in a full-spectrum assault. For starters, you can bet that anti-Second Amendment attorney generals will use the CuomoJames assault on the NRA as a template to go after other pro-Second Amendment groups. We’ve seen anti-Second Amendment extremists say that our use of the First Amendment to defend the Second Amendment is corrupt.

We will also see a push to expand the National Firearms Act’s coverage. If they cannot ban our guns, they can certainly try to make the process as cumbersome as possible. We can also see more cities and states take the approach San Jose is trying – to force exorbitant fees on our Second Amendment rights as well.

But the courts will be most helpless against Silicon Valley censorship and corporate gun control, especially if it is backed with “research” from the CDC. Legislative action can buy time to for us to address the true long-term nature of those threats, but we can only defeat those threats through convincing our fellow Americans to stand up against them. It will also be imperative for Second Amendment supporters to work hard to defeat anti-Second Amendment extremists at the federal, state, and local levels via the ballot box as soon as possible.


About Harold Hutchison

Writer Harold Hutchison has more than a dozen years of experience covering military affairs, international events, U.S. politics and Second Amendment issues. Harold was consulting senior editor at Soldier of Fortune magazine and is the author of the novel Strike Group Reagan. He has also written for the Daily Caller, National Review, Patriot Post, Strategypage.com, and other national websites.Harold Hutchison

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donfranko
donfranko (@donfranko)
27 days ago

So, why are we not filing civil suits against Bloomberg and other mega rich gun control groups for violating our civil rights. As stated, we may not win, but it would certainly dent THEIR pocketbooks……

Let’s Go BRANDON

Wild Bill
Wild Bill (@wild-bill)
27 days ago
Reply to  donfranko

Because there is no cause of action. Only the federal and state government (and subdivisions thereof) can violate our civil Rights. But I like your enthusiasm.

uncle dudley
uncle dudley (@rockhouse)
1 month ago

The supreme court should uphold the constitution and the bill of rights and over rule any lower court who does not follow and honor those documents with their rulings.

Russn8r
Russn8r (@russn8r)
1 month ago
Reply to  uncle dudley

Stop blaming everything on Roberts. Your superhero Trump’s 3 “Federalist” Society noms went along with the socialist coup d’etat. They could’ve joined Thomas & Alito and stopped it. No one forced them to vote with Roberts and the commies.

Surely you were one of those foolishly slobbering over hack Roberts when Bush appointed him.

The only loyal justices are Alito & Thomas.

Last edited 1 month ago by Russn8r
Pa John
Pa John (@pa-john)
1 month ago

A DuckDuckGo search for “examples of packing the courts’: https://duckduckgo.com/?q=examples+of+paching+the+courts&atb=v256-1&ia=web When court packing goes wrong: Venezuela and other Latin American countries offer sobering realityhttps://www.foxnews.com/politics/court-packing-venezuela-latin-america-reality —– Excerpt —– “You need to look at what has happened in other countries… don’t touch the Supreme Court,” Antonio Canova, a constitutional law professor at Universidad Católica Andrés Bello in Venezuela, told Fox News via a translator. Nowhere is the history clearer than in his socialist country, Canova said. Venezuela’s constitution follows the same basic structure invented by the Founding Fathers of the United States – with an executive branch, a legislature, and a Supreme… Read more »

Boz
Boz (@boz)
1 month ago

What Courts Can and Cannot Do For the Second Amendment?

They CAN’T touch it in ANY way, shape or form. ALL that they can do is UPHOLD it. EVERY time. That is all.

CaptainKerosene
CaptainKerosene (@jim_macklin)
1 month ago

The SCOTUS has no enforcement over lower courts, federal, state or local.
Political judges often do whatever they want or what the governor or Mayor wants.
The oath of office whether military, police or civil servants excludes illegal orders. Military officers swear to the Constitution not the Presedent or Congress.

Wild Bill
Wild Bill (@wild-bill)
1 month ago

The S. Ct. has appellate authority to review the work of the lower court and make orders from there. Isn’t getting the last word enough?

Russn8r
Russn8r (@russn8r)
1 month ago
Reply to  Wild Bill

Not when they use bogus “standing” claims to refuse to overturn subversive decisions and roll for a coup d’etat.

Jeff
Jeff (@jeffmehl)
1 month ago

I know folks enjoy making negative comments about Harold’s posts, but this one is absolutely on-target! I know a lot of gun owners who are convinced that a SCOTUS win in the NY case will be a panacea; ushering in national reciprocity and removal of just about all restrictions. The reality, as Harold points out, is that the anti-gunners will continue to find venues and exceptions to exploit; requiring on-going litigation. And if at some point the Democrats are able to pack the court, then all bets are off. As he rightfully points out, this is a generational battle that… Read more »

2gats
2gats (@2-gats)
1 month ago

COMPILE and PUBLISH POLITICIAN HOME ADDRESSES! Make them feel the heat at home in their houses with their families. Make politicians beholding and responsive to their constituents at home over their toadies in the capital(s), the lobbyists and party leaders Stop allowing politicians to live in anonymity at secret addresses concealed by their office addresses. Are they representing us or seeking power over us? The answer is to make all politicians fear their local constituency that they profess to represent (and no longer seem to) Ask EVERY PUBLICATION YOU SUPPORT to compile and publish the home addresses of EVERY POLITICIAN… Read more »

Roland T. Gunner
Roland T. Gunner (@freecompanier)
1 month ago
Reply to  2gats

Whomever thumbed this down is a douche bag.

Arizona
Arizona (@arizona)
1 month ago

Way to state the obvious! Ye shall henceforth be named “captain obvious”.
Thank you for not plugging the NRA like you usually do. That is tiresome.

Russn8r
Russn8r (@russn8r)
1 month ago

STRIKE GROUP REAGAN!
lol

Roland T. Gunner
Roland T. Gunner (@freecompanier)
1 month ago
Reply to  Russn8r

Agreed.

Last edited 1 month ago by Roland T. Gunner
Knute Knute
Knute Knute (@knute)
1 month ago

Never one to see any silver lining in the dark clouds that gather, are you
Harold?
Silicon Valley censorship is failing, BIG TIME… have you bothered to notice? It required no Supreme Court decisions to get Joe Rogan to 10 million viewers. Did you notice? That is well over double CNN’s viewership…. even in their largest shows. Did you notice? That means that he, and others like him, are now THE mainstream media. CNN and the like are the dying dinosuars of the past.
How about doing a story on THAT, Harold?

swmft
swmft (@swmft)
1 month ago
Reply to  Knute Knute

court packing attempt would get a government with no military support ,would turn into shooting match, and few progressives do their own dirty work most hire security , security sees what is going on they may be the ones to take out the leaders it is called a coup