Four More Second Amendment Court Decisions Vacated by Supreme Court

U.S. Supreme Court Image NRA-ILA
U.S. Supreme Court Image NRA-ILA

U.S.A.-(AmmoLand.com)-– On June 29, 2022, the Supreme Court held a clean-up conference for the cases yet to be dealt with in the current term, which ends on June 30, 2022.

Four of those cases have been waiting on the decision in the NYSR&P Association v Bruen case. Bruen was decided with a strong opinion upholding the Second Amendment individual right to keep and bear arms outside the home.

All four cases have been granted certiorari, vacated by the Supreme Court, and remanded to the appropriate circuits to be heard in light of the Bruen decision.

The Bruen decision eviscerates the “two step” process and the three levels of scrutiny created in the circuits to evaluate cases. As far as enumerated rights go, “rational basis” “intermediate scrutiny” and “strict scrutiny” are dead.

It is now the burden of the state to prove any law restricting the right to keep and bear arms must have a history and tradition greater than the Sullivan law in New York. If the state cannot prove such a history and tradition exists; the law is unconstitutional under the Bruen decision.

The four cases, which have been languishing in the courts for years, are these:

All four cases have been sent back to three different circuit courts of appeal, to be re-evaluated under the clear-cut rules of the Bruen decision.  This is what is expected when the Supreme Court invalidates the previous system used by the various circuits over the last decade and more.

The Supreme Court has told the offending circuits: You did it wrong when you considered these laws under your convoluted two part system with a three part level of scrutiny. Evaluate them again, using the process laid out in Bruen. How long this will take is unclear.

New Jersey and California have already made policy decisions saying the “good reason” requirement in their carry permit law is now unconstitutional.

New York seems inclined to find ways to attempt to thwart the direction of the Supreme Court.

The Hawaii government appears to remain silent on the issuing of permits at the moment.

Analysis:

The Supreme Court has sent a message to the lower circuit courts. It appears to be: bans on items protected by the Second Amendment are out of bounds. Bans on the carry of firearms outside the home are out of bounds.  Use the process outlined in Bruen to determine if a law has been around long enough, and has been common enough, that it was an acceptable restriction on the right to keep and bear arms in most states for the history of when the Second Amendment was ratified; and particularly when the Fourteenth Amendment was ratified.

It is hard to see how bans on magazines of more than 10 rounds (very recent) or on Semi-automatic firearms (very recent) meet these criteria.


About Dean Weingarten:

Dean Weingarten has been a peace officer, a military officer, was on the University of Wisconsin Pistol Team for four years, and was first certified to teach firearms safety in 1973. He taught the Arizona concealed carry course for fifteen years until the goal of Constitutional Carry was attained. He has degrees in meteorology and mining engineering, and retired from the Department of Defense after a 30 year career in Army Research, Development, Testing, and Evaluation.

Dean Weingarten

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Oldvet

If ups is destroying property as the article states … Wouldn’t that be a federal crime (felony) ? like destroying mail ?

swmft

I would think they would have to return the package unless shipper agreed to other terms

swmft

with the stupid liberal things happening we will need to have a conservative shipping company

StLPro2A

Destroying versus theft question in reference to theft from an FFL being a federal felony. However, ownership passes to purchaser once shipped, if shipment is FOB seller dock.

Oldvet

Rocky Brass has come out with the exact same story about “u p s “

Oldvet

Isin’t this a nice day ? Not one stinking article by hayrolled !

Ope

Any day is a better day without his BS.

Considerthis

Could be he is stunned that things might turn out in our favor. He might be speechless for a day. We need to allow him time to regroup and formulate new strategy. I have no doubt he will lecture us further on all the things we should be doing and blaming us for not doing the things he thinks we should. I imagine he will “circle back”

Last edited 1 month ago by Considerthis
Doug G.

According to the Bruen ruling, even the mental health standard and domestic abuser prohibitions are recent regulations and could be found unconstitutional because those were not considered back in 1868 when the 14th Amend. was ratified.

The 2A could get back to only felons and fugitives being prohibited, if you think about it.

swmft

a felon that served their time was not prohibited either , so their may be a lot of reckoning. voting is a right someone finishes their time rights revert automatically but voting still falls firmly in states rights so a state can still say no

Oldvet

GATDAILY…BREAKING UPS Shutting Down the Accounts of 80%/PME Suppliers and Destroying Their Property.
Multiple sources have now confirmed that UPS is shutting down their shipping accounts, retailers who deal in products like the Polymer80 frame. The complaint is . allegedly , that these retailers are shipping 805 type PMF products to states that ban 80% PMF products .

Quoted from GATDAILY email .

Oldvet

Time to boycott using UPS !!!

Last edited 1 month ago by Oldvet
Russn8r

And time to sue UPS

Last edited 1 month ago by Russn8r
Oldvet

That should be 80% type PMF products

MICHAEL J

Didn’t we just leave that circus? California’s lower courts were challenged regarding the magazine ban, it was ruled unconstitutional. AG Becerra challenged the ruling and a stay was issued by the 9th Circuit Court in which later their 3 judge panel agreed with the lower court. Not to be outdone, Becerra/Bonta challenged the ruling, the stay remained in place after a full panel of judges overruled the 3 judge decision. This was supposed to go to the Supreme Court for a final say, but it now appears we have a complete circle jerk.

Tionico

go back and re-read the piece above. It clearly orders that ninth circus to re-evaluate the two cases stuck in the Ninth in terms, and per the rules and proceedures laid out in the new decision. They cleaerly held that mag cap limits are unconstitutional. That means those in a few other states wil/must fall as well. colorado, I think Maryland, Corolado, Wshington, Oregin is trying don’t know current status.

Russn8r

What if the 9th ignores it? To paraphrase Stalin, “How many divisions does the Supreme Court have?”

Wild Bill

If that were to happen the S. Ct could issue a writ of certiorari again, and write the opinion themselves. The risk of the S. Ct. using such a situation to its advantage is too great for any of the appellate circuits to to take. And every judge that I have ever known hates to be made to look bad … particularly in print.

Russn8r

We’ll see. Lots of judges write subversive decisions, relying on the fact of no accountability. Don’t seem worried about looking “bad”. Others, incompetent or lazy.

I know a case well, remanded by TX appeals back to trial ct 4x until overturned by the Tx high court. Cost innocent victims a fortune, partially recovered in a malpractice case. Appeals ct could’ve tossed it after the 1st go round instead of helping a trial judge torture the vics for 10yrs for the sins of an alcoholic atty & big lawfirm that took no responsibility to mitigate, hoping the client would go bankrupt

Last edited 1 month ago by Russn8r
ahhiyawa

We haven’t had a pro second amendment SC in generations, which points to the fact that “elections have consequences.”

Right now our side has the upper hand on the court and paraphrasing Benjamin Franklin; can we keep it.

The proof in that pudding is Tuesday, 8 November next wherein patriot, liberty loving citizens win the fight or lose it all.

Ope

Thanks to President Trump we have this pro-2A Supreme Court. When Trump gets back in office he will have another Justice or two put on that court. Life’s really good right now!

The other Jim

Sadly, Joe Biden has so far appointed 16 (affirmative action type) Circuit Court Judges 49 District Court Judges (with the help of some cowardly/corrupt RINO’s). And still a lot of vacancies for Carvel-Ice-cream-Joe to go. Lot of vacancies in Idaho, Wyoming, South Dakota, West Virginia, California, etc. Sad with the help of Traitor Senator RINO’s like Miss Lindsey Lapdog Graham, China Mitch, and Cornhole, we will have to suffer Left Unconstitutional Decisions that will need to be appealed.

Russn8r

Yep.

swmft

or have a bunch tossed by congress

MICHAEL J

I applaud the ruling of the Supreme Court, my issue is who will make the 9th Circuit Court comply? My guess is this is uncharted territory, kinda like removing a politician from office for violating his oath of office. The 9th Circuit Court has been notorious for infringements to the 2nd Amendment, I for one would like to see the 9th be held accountable, responsible and admonished for their distortion and incorrect rulings.

swmft

they dont follow scotus that is impeachable loose all the benefits of life’s work and pay dont think they are that stupid they may be but I doubt it

Wild Bill

Trump filled vacancies equal to one third of the Ninth Circuit, with conservatives. The Ninth is changing.

swmft

if they dont come to heal under scotus decision it will change fast with new congress, remove all the bad judges and not replace them till new president
but I dont think they are so stupid as to risk their pension, they could retire and not have their name on the ruling they dont like but that does the same thing with less cost

Last edited 1 month ago by swmft
ahhiyawa

Congress can impeach and remove any judge that violates their oaths of office to protect and defend the Constitution & Bill of Rights. Any judge that promotes, aids and/or abets criminal leftist, progressive, socialist and marxist/leninist ideologies, legislation and violence are candidates for impeachment. This of course depends upon how massive the patriot victory is in November next and in 2024 eviscerating, disemboweling and purging RINO’s, neocons, globalists, oligarchs and administrative deep-state traitors from the party at all governing levels, not just D.C. Tall order, no doubt, but Americans have been busily and stupidly burying themselves for over a hundred… Read more »

swmft

there could be some big changes but I am not holding my breath, until normal people can run a campaign online and win against money all bets are off for good change

Gdubb

I feel bad for all of our blue state militia brethren who were forced to buy those ridiculously modified low-capacity AR and AK contraptions to suit the illegitimate politicians in power. Some of those weapons will be fairly difficult to change back to standard capacity.

MP71

Not that difficult at all. The most farcical aspect of Commifornia’s “assault weapon” ban is how minimal the differences between an AW and a “compliant “ rifle are. Unless you went the fixed magazine route that involves completely disabling the mag release, un neutering an AR takes 15 minutes or less for anyone with a little bit of mechanical aptitude.

DDS

Even more farcical is that California is now on their third(?) try at defining what qualifies as an assault weapon. Hard to keep count because they were all hailed as “a good first step.”

swmft

la brea tar pit anyone? push all the current dinosaurs in they live in comifornia so short trip

The other Jim

Yes, I don’t know why they did it. Those contraptions are pathetic, and no cheaper then the real deal.

swmft

every stupid idea they have cost more because they are the only ones requiring it, low production equals hi cost ,they are trying to price people out of their rights

swmft

and as to AR’s we should refer to them as what they are modern modular rifles /or pistols

Pvt_Joker

I have no doubt that it will take a little doing to bring the rogue leftist states to heel, but I believe it will happen.
After perusing the Bruen ruling, it’s hard to imagine a single fe(de)ral gun law that would survive Thomas’ standard.
And that’s a good thing.

Ron

I can see California stringing this out for another 20 years. Won’t be surprised when they add “credit ratings” to the requirements.

Finnky

New York already wrote bill requiring that you submit all your social media passwords and stuff so that they can peruse anything and everything that you’ve ever written. Of course, if they have passwords there is nothing to stop them from adding something incriminating. I’ve written enough material critical of overreaching government on ammoland, that NY would certainly refuse a license if they ever had a chance. No way in hell I’d provide anyone passwords to my social media. Guess I’ve heard of employees insisting on such as part of term of employment – maybe it’s time to set up… Read more »

swmft

some of these great ideas of theirs run afoul of 5 rights dont think they will hold water in local courts, grasping at straws and getting irrational is what someone who has lost and knows it ,but wants to take their bat and ball and go home does.Wait for some grandiose monumental thing to happen,like a real attempt to kill judges, or court packing …..something that WILL have to be answered with guns…..and for the republic

Vince

Also, the recent SCOTUS decision regarding the EPA case seems to indicate that the EPA cannot make laws, only Congress. This means the ATF cannot make law either, in fact, no government alphabet agency may make laws.

Tionico

Yup. Any person possessed of a third grade level reading capacity and reading that First ARticle of the Constituon can ONLY come to one conclusion concering the source of ALL new laws. That is the Congress, both hoses together.

Not dopey joey, not any gubernator, alphabet soup agency,

swmft

atf needs to be brought to heal or run to ground and buried, no rehires no pension
the atf and fbi have been doing a lot of illegal things for a long time and feel they are above the law time for them to hit the ground and eat shit

Last edited 1 month ago by swmft
swmft

you note i dont include dea i am not sure it is still the same but we got the local police to do illegal stuff so local police reform would fix that

PMinFl

It doesn’t matter what SCOTUS decides, these rogue states will keep trying to do whatever they want in hopes of convincing other states to join in the fun.

swmft

all it will take is a lawsuit where governor or ag of one of these states finds they are personally on the hook to pay court costs and the money to plaintif

TStheDeplorable

This was a great victory, but the cancer of the left remains, and as with any cancer treatment “we must manage our expectations.” I expect that where there is no history either way, such as with magazine size, suppressors, and machine guns, the Court will end up reverting to the strict scrutiny analysis. I expect we might lose on magazines over 10 rounds, and we will lose on suppressors and machine guns. I’m not saying that’s right, I’m saying how the Court will rule. The reason is that neither the parties nor the Court have faced the real reason for… Read more »

swmft

may prompt them to understand need of a machine gun

Tionico

Hey there.Deplorable: you said: “real reason for the 2nd amendment (national defense and kicking out tyrants) and have instead pretended it is primarily about self defense against crime.” Go back and REREAD that pesky Second Article. Find the bit that says “the security of a free state”. Now, undertand the meaning of the word “state” at the time: it did NOT mean ‘Massachussetts”, “Virgina”, or “New York”. Nope. It meand simply civil society. In other words, your own neghbourhood is a “free state” Thus wherever POEOPLE gather and collectively do things, arms are “necessary for the security of a free… Read more »

Cruiser

There should be only one gun law on the books, Criminals should not have access to firearms. No other rules should apply.

JDT

I would agree with violent criminals.

Tionico

Yes. Far too many things called “crimes” have no victim, thus are not really “crimes” and not grounds for debarring one of the use of arms.

Ansel Hazen

Hopefully these also set Maura Healy in Mass on her ass too.

buzzsaw

If the Founding Fathers had known how Massachusetts and a couple of others were going to turn out, they just might have given them back to England.

Nanashi

Sullivan Act was 1911, NFA was 1934, therefore the NFA “can’t have a history and tradition greater than” the Sullivan Act.

swmft

nor 1968 or 1986 ronald rino act

The Crimson Pirate

If FPC files that law suit then we all should open our wallets for them

MP71

They’ve already filed a motion with Ninth Circus to lift that the stay on Saint Benitez’s overturn of CA’s AWB and are gearing up for the Maryland AWB case to be revisited by the Fourth Circuit. If either of those are ruled on properly, we have a huge precedent against a federal AWB.

swmft

even the machine gun rules dont hold water Gatling guns were privately owned

TexasGunCents

I get you, but ATF has said hand cranked Gatling guns are not machine guns. https://www.atf.gov/file/83561/download

Tionico

and don’t forget that amazingly early example of a semi automatic repeating rifle with a magazine capacity of up to forty rounds, one ball for each pull of the trigger. It could fire one round about every second. Consider it took the Lobsterbacks about a minute and a half to reload after one round, and our crack troops maybe three rounds in a minute, this thing was phenomenal. Not may were made, it was incredibly complex, but exist it did, and was owned by multipe private citizens. Then there were the pair o brass four pound cannon buried in the… Read more »