SCOTUS Grants Cert, Vacates Rulings and Remands Gun Cases

SCOTUS NRA-ILA
The Supreme Court granted certiorari to four gun rights cases Thursday and immediately vacated lower court rulings and remanded the cases back for further consideration “in light of” the court’s majority opinion in the New York right-to-carry Bruen case. IMG NRA-ILA

U.S.A.-(AmmoLand.com)- In a sweeping action that could send shudders through the gun prohibition lobbying groups and their allies on Capitol Hill, the U.S. Supreme Court on Thursday granted writs of certiorari to four pending Second Amendment cases, vacating lower court rulings and remanding those cases back for “further consideration in light of New York State Rifle & Pistol Assn., Inc. v. Bruen.”

According to the Associated Press, the cases “include ones about high-capacity magazines, an assault weapons ban and a state law that limits who can carry a gun outside the home.”

Possibly the most important of the four are Bianchi, Dominic, et.al. v. Frosh, the Maryland case challenging a ban on so-called “assault weapons” that could determine whether modern semi-auto rifles are protected by the Second Amendment, and Duncan v. Bonta, the California case challenging that state’s ban on so-called “large capacity magazines” that hold more than ten cartridges.

The Bianchi case was brought by the Second Amendment Foundation, Citizens Committee for the Right to Keep and Bear Arms, Field Traders, LLC, and the Firearms Policy Coalition, and three private citizens.

The Duncan case was brought by the California Rifle & Pistol Association, Inc., and five private citizens.

What apparently caused this stunning high court action was language in the New York case, written by Justice Clarence Thomas, that put the brakes on the use of a “two-step” test manufactured by Courts of Appeals “to assess Second Amendment claims.”

Under this structure, “At the first step, the government may justify its regulation by “establish[ing] that the challenged law regulates activity falling outside the scope of the right as originally understood,” according to the Supreme Court ruling written by Justice Clarence Thomas.

“At the second step,” Thomas continued, “courts often analyze ‘how close the law comes to the core of the Second Amendment right and the severity of the law’s burden on that right.’ The Courts of Appeals generally maintain ‘that the core Second Amendment right is limited to self-defense in the home.’… If a ‘core’ Second Amendment right is burdened, courts apply ‘strict scrutiny’ and ask whether the Government can prove that the law is ‘narrowly tailored to achieve a compelling governmental interest.’…Otherwise, they apply intermediate scrutiny and consider whether the Government can show that the regulation is “substantially related to the achievement of an important governmental interest.”

But Thomas rejected that structure, stating, “Despite the popularity of this two-step approach, it is one step too many. Step one of the predominant framework is broadly consistent with Heller, which demands a test rooted in the Second Amendment’s text, as informed by history. But Heller and McDonald do not support applying means-end scrutiny in the Second Amendment context. Instead, the government must affirmatively prove that its firearms regulation is part of the historical tradition that delimits the outer bounds of the right to keep and bear arms.”

Translation: The “two-step” process doesn’t wash.

Alan Gottlieb, SAF founder, and executive vice president, issued a statement following the high court’s mass remand.

“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,” he observed. “What we’re seeing today could be the beginning of court actions that eventually fully restore rights protected by the Second Amendment.”

He noted SAF attorneys are now reviewing earlier cases that resulted in bad rulings or were denied review by the high court “to determine which ones can be re-filed for further action based on the high court ruling in Bruen.

“It is also important,” Gottlieb observed, “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.”

He may not be far off the bullseye. Lower courts have now been advised they need to consider Second Amendment cases following the principles set down in the Thomas opinion. It puts full gravity on Thomas’ observation that the right to bear arms enshrined in the Second Amendment “is not a second class right, subject to an entirely different body of rules than the other Bill of Rights guarantees.”

Thursday’s mass remand also tells the lower courts these cases will be acceptable for high court review should they come back.


About Dave Workman

Dave Workman is a senior editor at TheGunMag.com and Liberty Park Press, author of multiple books on the Right to Keep & Bear Arms, and formerly an NRA-certified firearms instructor.

Dave Workman

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StLPro2A

The Second Amendment grants no right “to keep and bear arms,” as that was an inalienable right granted by God long before the USA was even a glint in our Founding Fathers’ eyes. Rather, the Second is an admonishment for politicians to keep their damn laws off the We The Little Peeps’ Right To Keep and Bear Arms. “…..shall not be infringed” followed only by a PERIOD is pretty ABSOLUTE, despite what Slo Joe’s handlers print on his Do This Cheat Cards. Arrest “Doctor” Jilly for elder abuse.

Oldvet

I have a question …According to Capital Hill News …SCOTUS handed down …EPA Lacks Authority to Cap Carbon Emissions from power plants ( Clean Air Act) Because the authority was not granted by Congress .. Wouldn’t that then say that the batfe as well as other agencies birthed by someone’s edict have no authority ? What say all you Legal Eagles ?

swmft

there are going to be a lot of wrongful internment lawsuits coming down the pike and atf and states that did not want to recognize a right , will get burned get ready for an attempt to resend second amendment

Wild Bill

As long as Biden’s handlers want to push cash into the economy, they can just pay the successful litigants whose firearms Rights were denied!!

Wild Bill

Most agencies were created by Congressional Acts known generally as enabling acts. BATFE was created in a way other than the normal Congressional act, but that does not mean that BATFE has no authority. BATFE, however, could be decommissioned without repeal of a Congressional act. Thus BATFE could be gotten rid of easier that other federal agencies. West Va. v. EPA says what we all knew, to wit: the EPA (and presumably all other federal agencies) have no authority to create statutes, or make regulations (Code of Federal Regulations) that go beyond Congressional Acts. West Va. v. EPA is a… Read more »

Oldman

All it would take is a Patriot in the White HOuse. I think it is about time. There are rumors that Hitlery will try for the nomination-AGAIN!
That is the reason my wife bought her first black rifle. We figured for sure Trump didn’t have a chance against the DEMS power machine.

swmft

so your wife collects plastic and aluminum and you are wood and steal? and yes we do need someone who believes in making america great again….someone that walks the walk not just the talk, someone that can read the constitution and say good idea but illegal no.or lets ask the people

Wild Bill

Yes, ATF was created by a memo, and can be destroyed by a memo. Brother, I hope that hiLiary does run again!! Even Bill would vote against her!

Oldvet

Oldman … If you look at the roster … Who else does the left have to run ?

Russn8r

CA Gov Gavin Nuisance Newsom. Don’t laugh. Who would’ve thought they’d pick Kamala Sutra for VP?

Oldman

Well, if you remember that Biden ‘won” against Trump, then they could elect anybody, don’t you think?

Russn8r

Yep.

Oldvet

Oldman …If you believe that biden won

swmft

same way maduro won in venezuela

Oldman

I don’t believe Biden actually won… but the election stands today. Might as well be Michelle, cuz you ain’t getting anything different from her than her husband Obamalamadingbat, who drew a line in the sand, didn’t do anything about it when crossed and bowed to a foreign King who happened to be a Muslim. OFF with his head, I say!!

Oldvet

Oldman … You Know michelle oboma wouldn’t surprise me though.

ExGob

So.., in desperation to eliminate firearms in The United States, the antigun crowd wants us to believe that the 2nd amendment to our Constitution guarantees our firearms rights only within the confines of our own homes. Well, here’s a news break! Criminals don’t see it that way, and some of them will attack you anywhere, including in your own home. So whether you’re in your home or elsewhere, always BE PREPARED and confident that your firearm will respond when you pull the trigger. Practice and testf-fire often.

Wild Bill

Yes, the founding fathers never intended that the militia should invite our enemies into the parlor for a spot of tea and a little game of national defense.

swmft

but running them down the road for exercise they did do, but quit a few dropped dead from the rigger or was it the led they came to collect and got

Roland T. Gunner

Whoop, there it is! National Firearms Act, anyone?

Bubba

Repeal repeal repeal.

Ope

Abolish ATF,rescind NFA !!!

ez

ALL our “Bill of Rights” have been under CONSTANT (24/7) “assault” for well over 100+ years, and at least since 1913 when the congress abrogated its constitutional responsibility to manage this nation’s money & credit, and instead SOLD OUT to a “globalist criminal syndicate”, which has now grown in size and power so as to rival ANY such entity since the Sanhedrin at the time of Christ. 2A is obviously important, but so is EVERY OTHER right as enumerated in the Bill of Rights. When 1A & 2A are gone, there will be no way to reassert our rights other… Read more »

swmft

there would not be much left but a burnt ember that glowed if ww3 did get going

Wild Bill

What is the story on this 1913 sell out to a globalist criminal syndicate that you mention?

swmft

creation of federal reserve, read all about it ,convoluted and complicated and may indeed be in globalist hands

Wild Bill

Who is this globalist criminal syndicate?

swmft

the people who actually run global banking, they punish countries that dont do what they want and reward the ones that do , they are anti guns anti rights they dont like hard currencies because they cant control them they are based on real value, without gold platinum iridium you cant make computers, modern cars , these have real value paper they can print by the roll and as anyone will point out Charmin is much better than a bulivar to wipe with and currently has more value.The criminal is because it attacks ordinary people that wont do as the… Read more »

grant

Now I am certain a lot of you out there think you can sit back and relax now. No Such Animal. There are at least 3 states who are doing everything they can to subvert and oppose this. I cite NY and Ca who’ve already stated as they stomp their feet, “I ain’t gonna do it”. In even the pro 2A states, hundreds of lefty candidates and incumbents are trying to undermine this. And these ruling sent back are only null and void until those sent back are ruled on again, then we may do it all over again. Catch… Read more »

swmft

while we have them stunned beat them senseless and to the mat…oh wait cant beat a brain dead person senseless. so just pound them into pavement

swmft

and call the people you voted for and let them know if you dont protect my rights I will work to get rid of you and try someone else
If you are there for me I will bring as many as I can with me to keep you on

Last edited 1 month ago by swmft
Bubba

If I am reading the Thomas opinion correctly, The Sullivan Act (1911) and everything after is unconstitutional. Or close to it.
Abolish the ATF and and the NFA.

Last edited 1 month ago by Bubba
Ope

I’ve said this many times on Ammoland and it really can’t be said too much,,…..”abolish the ATF,rescind NFA” !

swmft

and build replacement for fbi that follows the law and respects the courts

Oldvet

That also means shit can the third party voting !!

Finnky

Cannot tell you how many people I’ve spoken with are fired up over the Roe v Wade ruling. Unbelievable how many additional people will be voting for O’Rourke and are likely to riot when Abbott is re-elected.

I fear there is even a chance of our governor losing. So definitely no time for complacency. I for one cannot imagine damage that insane “man” could do if he ever gained even a smidgeon of power.

swmft

It is funny they think killing a child they dont want is ok, I understand the rape incest arguments but you dont like the beliefs of other people move to a place where people believe same as you ,oh wait all the places like that are hi crime you cant have it both ways you want to live in safe conservative place but have things your way….go back to your shithole
comifornia will have street corner abortion vendors next to burned out stores liberal utopia

Last edited 1 month ago by swmft
john

The judicial system is complicated many folks do not understand how and why the supreme court functions. This was helpful Dave making this decision understandable. The anti gun elite well the anti anything, has learned to use the lower courts to define the constitution to fit their narrative. The hope is that the opposition will not have the funds to continue the fight against the lower court’s rulings which the democrats keep putting to the test. Past and present democratic administrations have always been about control over the voters using the small % of the population to further their agenda.… Read more »

swmft

think I will stick to my guns and other tools, dont even have/want a smart phone

Bubba

The way this decision is worded, it should trickle down to other amendments and constitutional fights. We now have the beginning of a standard that the courts will have to abide by or risk immediate and swift response from SCOTUS.

Basically we have finally begun taking back the Constitution and The Bill of Rights…..

Happy Fourth to all true Americans. The rest of you can F-off and move to China, Russia, or Canada.
God Bless SCOTUS and all our men and woman being senselessly deployed to Ukraine.

swmft

or back to the shithole their families created in south and central america, go fix your own mess dont bring it here

Duane

I am in my my late 60’s I hope I live long enough to see these unconstitutional laws done away with.

swmft

would be nice to build your own machine gun just because. , ill name mine political stick ……how do you keep a politician honest keep them on the business end of a stick

Last edited 1 month ago by swmft
Chuck

I’m 63. I never had the desire to own an AR-15 until the government began making noises about banning them. I went out and bought one. The bug bit, and I just finished my 5th build.

swmft

only reason I have them and from 80% so really KMA build an ar10 no lighter than m14 but easier to build

Roland T. Gunner

Chuck, listen to me! You need to be very, very careful with this whole “black rifle” thing. I originally set myself an upper limit of 10 completeed rifles; and I kept to that for several years. And then I wavered back and forth between 10 and 12 for a couple of years; I mean, a nice round dozen is not really that many, right? But my downfall was around 2017-2018, when the big national retailers were selling the Anderson stripped lowers in 3-packs for $99 and a few bucks shipping. Now, there are about 30 of those things floating around… Read more »

willyd

I still don’t own an AR, my personl choice, bad experence with an M-16 in NAM, first two firefights almost got me killed, originals didn’t have the bolt forwar assist, only way to get the bolt forward was to find a rock turn it barrel to the rock and slam to the rock to get the bolt to go forward, thus I won’t own one but that is my choice!!!!!!!

swmft

I have one of those that I have to remember a friend ,it came home with him in his casket and his mother would not let it be buried with him , I have not unjammed it ,oiled it and left it , m14 is the one for me thanks have ars but to piss off the liberals and they are easy to make with a cnc m14 and m1s are hard and it is not just the steal it is the bolt rotational geometry those old machinists were something

swmft

I think atf my be headed to frying pan with their “rulings”

Cappy

We can only hope and pray… But it looks better than it has in a very long time.

swmft

it sure does ,time to take 1986 gca to the courts chop the tree down and kill the roots 1968 ,1934

Patriot Solutions

Clearly this is the best news yet and there is a very long list of wrongs to right.

Kick the Masonic Kabbalahs ass, make Satan bleed!

Like FPC says, tiered levels of scrutiny are a wholly judicial invention. Now, what about all the people who have been incarcerated because the criminals in court have illegally scrutinized their rights away?

Last edited 1 month ago by Patriot Solutions