Pro Gun Groups Hail Supreme Court For Sending Back Gun Cases For Further Review

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BELLEVUE, WA –-(AmmoLand.com)- The Second Amendment Foundation today hailed the U.S. Supreme Court’s decision to vacate lower court rulings in several gun rights cases and remand them back to lower courts for review “in light of” last week’s landmark 6-3 decision in New York State Rifle & Pistol Assn., Inc. v. Bruen.

Chief among these cases is Bianchi, Dominic, et.al. v. Frosh, a case brought by SAF and the Citizens Committee for the Right to Keep and Bear Arms challenging Maryland’s 2013 ban on so-called “assault weapons.” Other cases include challenges to restrictive gun laws in Hawaii, New Jersey, and California.

In addition, a SAF case called McDougall v. Ventura County, which challenges a closure of gun shops two years ago during the COVID-19 panic, has been vacated by a Ninth Circuit en banc panel and remanded to the trial court for action consistent with the Supreme Court’s New York ruling.

“This is incredibly good news,” said SAF founder and Executive Vice President Alan Gottlieb. “The importance of Justice Clarence Thomas’ majority opinion in the New York right-to-carry case may not be fully understood until all of these other cases have gone through lower court review. What we’re seeing today could be the beginning of court actions that eventually fully restore rights protected by the Second Amendment.”

Gottlieb, who also chairs the Citizens Committee, said the Ninth Circuit Court of Appeals’ decision to remand the McDougall case back for further proceedings consistent with last week’s Bruen ruling sends a strong signal that federal courts can no longer use a made-up “two-step” process to determine Second Amendment cases. As Justice Thomas wrote in his opinion, “Despite the popularity of this two-step approach, it is one step too many.”

“Our attorneys are already reviewing earlier cases to determine which ones can be re-filed for further action based on the high court ruling in Bruen,” he noted, “and we are confident other cases now remanded back for further review will also fare better in the lower courts.”

“It is also important,” Gottlieb said, “that the high court granted all writs of certiorari in these Second Amendment cases as they were being remanded back for further review. That tells me we have a Supreme Court willing to rein in lower court activism and limit how far they will allow local and state governments to reach when it comes to placing burdens on the exercise of a fundamental, constitutionally-enumerate right to keep and bear arms.”


The Second Amendment Foundation (www.saf.org) is the nation’s oldest and largest tax-exempt education, research, publishing, and legal action group focusing on the Constitutional right and heritage to privately own and possess firearms. Founded in 1974, The Foundation has grown to more than 750,000 members and supporters and conducts many programs designed to better inform the public about the consequences of gun control.

Second Amendment Foundation

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willyd

The next thing to be brought before the Supreme Court should be all of the illegal RED FLAG LAWS that are being adopted, GUILTY and MUST PROVE YOUR INOCENTS, THEN TRYING TO GET YOUR GUNS BACK!!!! It only takes one annonimus phone call to start one of those RED FLAG LAWS!!!!!! Lets see if threr is a laywers with a set of GONADS to take that on????????

Bubba

I think the ruling covers red flags laws as well. The courts will have to look at the way Gun Laws are treated. This opinion was far better then expected. I’m still reading the opinions, but it looks like all laws that have been enacted since the Sullivan Act of 1911 can be deemed unconstitutional. That means the NFA 1934 and the Gun Control acts of 1968 and 1994 could be tossed. One can only hope. I’m not an attorney, but I hope I am interpreting the opinions correctly. Yesterday was an amazing 4th of July. Some of our Rights… Read more »

nrringlee

The strict scrutiny standard of logic is the only standard of logic appropriate to judging natural rights cases. Justice Thomas clarified that once and for all. From now on your progressive and leftist overlords must show a compelling public interest based upon the best evidence available to try to infringe on your natural rights. And they simply cannot find that evidence. End of story.

swmft

time to file lawsuit against ny ag jail the bitch