Civic Register
| 7.7.22
Supreme Court Sends Assault Weapons Ban, Magazine Capacity Limits, & Open Carry Cases Back for Reconsideration
Do you agree with sending the cases back for reconsideration under the new precedent?
What’s the story?
- The Supreme Court vacated decisions by appeals courts in four cases concerning state gun control laws and remanded them for reconsideration based on the Supreme Court’s recent decision in New York Rifle & Pistol Association v. Bruen.
- At issue in the four cases are state restrictions on firearm magazine capacity limits, an assault weapons ban, and open carry.
What did the Supreme Court hold in Bruen?
- In Bruen, the Supreme Court issued a 6-3 ruling along ideological lines that overturned the state of New York’s requirement that law-abiding residents seeking a concealed carry permit to possess a handgun in public for self-defense “show proper cause” and “demonstrate a special need for self-protection distinguishable from that of the general community.”
- Bruen held that New York’s “special need” requirement violated the Fourteenth Amendment because it prevented law-abiding citizens with ordinary self-defense needs from exercising their Second Amendment right to keep and bear arms.
- It expanded upon and clarified prior Supreme Court precedent under Heller, which held that the Second and Fourteenth Amendments protect an individual’s right to keep and bear arms for self-defense, by ruling that there is a constitutional right to carry a handgun for self-defense outside the home.
- The decision also emphasized its use of the Court’s text, history, and tradition test adopted in Heller and affirmed by McDonald. The test requires the government to demonstrate that firearm regulations are consistent with the country’s historical tradition of firearm regulations.
What cases were sent back for reconsideration?
- The Supreme Court vacated the four appellate court decisions on July 1st, so they will return to lower courts to be reconsidered pursuant to the Bruen decision.
- Eventually, it’s possible that the Supreme Court may consider them depending on what transpires during their reconsideration by lower courts. Here’s a look at the cases that were remanded:
Hawaii Open Carry
- Young v. Hawaii concerns the state of Hawaii’s requirement that residents seeking a license to openly carry a firearm in public have to demonstrate “the urgency or the need” to carry, must be of good moral character, and must be “engaged in the protection of life and property.”
- The Ninth Circuit Court of Appeals initially ruled in Young’s favor when the case was considered by a three-judge panel, but the circuit rejected the legal challenge to Hawaii’s law and overturned the prior ruling upon a rehearing in 2021.
- Of the four cases vacated and remanded by the Supreme Court, Young v. Hawaii bears the strongest similarity to Bruen. The state also had conditional concealed carry restrictions like New York’s, as noted by Reason, although the concealed carry application wasn’t the subject of Young’s challenge.
California 10 Round Magazine Ban
- Duncan v. Bonta concerns California’s ban on “large capacity magazines” (LCMs) that hold more than 10 rounds of ammunition. It allowed gun owners to modify such magazines to accept less than 10 rounds, sell those magazines to firearm dealers, or remove them from the state.
- California’s law exempted active or retired law enforcement officers, security guards for armored cars, and holders of special weapons permits.
- In 2020, a three-judge panel of the Ninth Circuit initially held that California’s law violated the Second Amendment, but that decision was reversed when the Ninth Circuit reheard the case en banc (with a larger panel of judges).
Maryland Assault Weapons Ban
- Bianchi v. Frosh concerns Maryland’s ban on so-called assault weapons.
- The state’s law defines assault weapons as semi-automatic centerfire rifles that accept detachable magazines and have at least two of the following three features: a flash suppressor, a folding stock, or a grenade or flare launcher. Maryland’s law also includes a 10-round magazine ban.
- The Fourth Circuit Court denied the challenge to Maryland’s law in a per curiam decision in 2021, which cited the circuit’s 2017 precedent.
New Jersey 10 Round Magazine Ban
- This case is similar to Duncan v. Bonta, as ANJRPC v. Bruck concerns New Jersey’s ban on “large-capacity magazines” capable of holding more than 10 rounds of ammunition.
- New Jersey’s law allows owners of LCMs to comply by modifying the LCM; rendering the firearm or LCM inoperable; registering firearms with LCMs that can’t be modified; transferring the firearm or LCM to an individual or entity entitled to own or possess it; or surrendering it to law enforcement.
- The Third Circuit Court of Appeals upheld New Jersey’s law as constitutional in 2020.
RELATED READING
- Supreme Court Strikes Down New York Law Requiring Concealed Carry Applicants to Show ‘Special Need for Self-Protection’ (6/23/22)
- What Are Gun Rights? (3/9/20)
— Eric Revell
(Photo Credit: iStock.com / gsagi)
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I think those protesting in front of Supreme Court Justices' homes should bring their AR-15's with them! Perhaps when it shows up on their doorsteps, threatening their families, maybe then???
No one, but the military NEEDS these weapons of war. No one!
We have a problem in the USA with mass shootings, that NO OTHER COUNTRY has!!!The Supreme Court is making the problem worse by expanding the 2nd amendment.
Congress, we need COURT REFORM NOW!!!
Deadly weapons require legal controls--limitations which protect innocent people. The rights of gun owners must not supersede the roights of every other citizen! Gun owners don't deserve more rights than non-gun owners! My right to Life, Liberty and the pursuit of Happiness must never be circumscribed by the rights of some gun-owner!
I agree with sending it back rather than expanding gun rights even further by deciding "more guns are better" like they did with the NY State case.
Either way, it's clear that this Supreme Court is always going to rule for the gun lobby and if any of these cases come back to them, we'll see that on display.
We need to reform the court by adding justices who understand that regulation and reason are more important than the gun lobby.
Unfortunately, I do. Given the change in SCOTUS rulings, these cases do need to be reviewed.
That said, I hope the appeals courts are still more responsible in their deliberations than the conservative justices were. And I imagine each of those states is already formulating work-arounds if the decisions don't wind up in their favor.
The Supreme Court’s decision invalidates state “proper cause” requirement, but the rest of licensing laws remains.
States need to pass legislation to strengthen gun laws on carry permits to limit to:
1) people who are responsible
2) well-trained
3) not a danger to themselves or others
4) guns are prohibited in sensitive locations like bars, playgrounds, and polling places.
While onerous to states, NY has already updated their law (7-1-22).
1) removes the “proper cause” criterion, which required that the applicant prove the need for their permit.
2) new law requires that applicants:
—- meet with a licensing officer for an interview, provide emergency contact information, and it maintains the “good character” requirements.
——banning weapons in places of a “sensitive” nature (government buildings, schools, public transit, hospitals, group homes, nursing homes, medical facilities, Times Square, etc
Hopefully other states do the same!
Also, I think maybe those protesting at Supreme Court Justice homes should consider carrying items the Supreme Court strikes down from state laws & see how they like protestors openly carrying weapons, especially weapons of war, high capacity magazines, etc outside their homes. Interestingly they denied the case from Maryland where they live banning assault rifles.
https://www.everytown.org/what-you-need-to-know-nysrpa-v-bruen/
https://www.jurist.org/news/2022/07/new-york-passes-new-gun-law-in-response-to-us-supreme-court-ruling/
https://casetext.com/case/bianchi-v-frosh
Assault weapons and all weapons of war must be banned and possession criminalized. Buy back programs must start today - for the sake of our children and our law enforcement officers, assault weapons should be banned.
I don't agree with the decision that this is based on in the first place. SCOTUS made a political decision based on desired outcomes and not on the good of the people in the NY case. The NY case should be thrown out.
In a recent event in south Dallas, two opposing coaches of a peewee football game argued with the referees and each other until one coach pulled out a gun and killed the other coach, right there in front of all those kids and parents.
Gun control laws are necessary! Our society has evolved into apathy and a lack of respect for other people and their property.
Aren't you afraid that anybody you come in contact with could pull out a gun and shoot you for even looking at you the wrong way?
The Wild West has returned, be wary folks!
We have way to many guns that a way to easy to get! Can we fix this please!
It's interesting to see which cases the conservative bloc of the U.S. Supreme Court chooses to send back to State Courts -- namely gun rights legislation.
Like a certain Texas Senator (the darling of the NRA), the Supreme Court's Conserative bloc has never seen a gun it didn't like.
It takes more that a lifetime political appointment and a black robe to fairly rule on gun rights laws.
And it takes more than a pair of cowboy boots to speak for all Texans when pushing one's own personal agenda to add gunslingers to our nation's schools in the name of protecting children.
LOL!!! there's no SUCH TERM as Assualt Weapons LOL!!! people on the left REALLY got the blankets over their constituants Heads.
If you were looking down the barrel of a gun aimed at you or a loved one ask yourself who is holding it and why.
We are not in the trenches fighting hand-to-hand combat, so what non-first responder or a military person needs an automatic assault firearm for? Is it really so threatening or hard to at least agree on this?
More guns needed because less police protecting us.
If the state is full of Liberals, ban all weapons. They can't be trusted to own or use them anyways. If it's a conservative state, allow them full authorizations, except no liberals, again those lunatics can't be trusted with guns.
The Supreme Court is out of control. I have lost all respect for our judicial system and will do everything that I can to undermine it. The only good part is that this court has killed dire stasis, so when the court flips back all these rulings can be quickly reversed
Sig Sauer who just received the new infantry rifle contract (MCX-Spear) is not only selling this new weapon to the U.S. Military, it's also selling it concurrently to the U.S. Public in a semi-automatic model at $7,999.00. As yourselves why are we funding a company to supply 'weapons of war' to the general public?
if you want to ban these weapons start with your own contracts, you can't sell them to the public and to the U.S. Government.
I strongly believe if someone needs military style weapons and armaments because they want to be part of a well regulated militia, I have a simple solution...Join The National Guard!
It's time to reform the U.S. Supreme Court, which has morphed into an ultra-right wing political entity intent on taking away the basic rights of American citizens.
Under assault are the right to vote, the right to privacy, the guarantee of equal representation under the law, the right to control one's own body, one person - one vote, freedom from gun and mob violence, freedom of tyranny from one's own state government or a neighboring state, and the idea that there are any established laws or rights based on precedent (stare decises).
As further proof of the need for reform of the U.S. Supreme Court, I offer the findings of a recent nationwide Gallup poll which found that only 25% of Americans have "a great deal" or "quite a lot" of confidence in the high court.
The overwhelming majority of Americans do not want to see a handful of unelected Justices of the Supreme Court with lifetime tenure dismantle democracy, overturn elections, or turn America into a right wing, evangelical theocracy.
Let me add my voice to the multitude of voices who are calling for an immediate ban on the sale of military-style assault weapons. The vast majority of Americans are fed up with the daily news of yet another mass shooting in every part of the country - 309 so far this year! Who is next? Whose school? Whose supermarket? Whose shopping mall? Whose parade?
I imagine you are daily pestered by large ticket donors to your campaign and lobbyists who urge you to vote in their interests, to "be loyal and do the right thing," to help them profit from this destruction. Well, sir, it is long past time for you stop listening to the power of money and instead listen to the wishes of the American people. You were sent to Washington to represent us, your constituents, not the money that seems to flow so freely among our elected representatives.
And please do not dare to hide behind the fashionable excuse that these mass shootings are caused by "mental illness" (and then do nothing to address mental health issues anyway). The vast majority of those with a mental illness are not violent. If anything, they are a danger to themselves, not others. So, no one believes that lie anymore.
It is apparent that there is a frighteningly large segment of our population that takes pleasure in hurting others. That is a real problem that must be addressed separately. It is a problem, however, that the continued inaction by legislative leaders is putting lethal weapons of war into the hands of such dangerous people. The problem is that these weapons of war do not belong in the hands of civilians at all nor on the streets of this country. If anywhere, they belong on the battlefield. They are not used for personal protection and certainly not for hunting. They are designed to shoot as many bullets in as short a time as possible to kill as many other human beings (as horrible and unimaginable as that image ought to be for any of us) as possible.
And please do not dare to hide behind the Second Amendment. The "protection" of the Second Amendment does not, stretch it as you may, include weapons of war. Are people permitted to own military tanks and other war machines and apparatus and parade them through the streets and into public places at will? Of course not.
The recent bipartisan legislation signed into law by President Biden represents only the tiniest baby step toward a real solution to the problem of mass shootings. So, as I said, I am adding my voice to the fed-up majority of Americans and asking you reach down and pluck up the courage to "do the right thing" for the American people. Put an end to the daily wasteful carnage and suffering that are every day visited upon the population.
The primary role of a government is to protect the health and safety of its population. This continual legislative inaction does neither.
Stop all the BS about assault weapons. Just need to ban all of them.
Assault weapons are for military use not for personal use FULL STOP.
Is it that the Supreme Court does not want to take the blame for this one like it did on abortion? On the one hand they say abortion should be up to the states. On the other gun control is a federal responsibility. Maybe its because guns are in the Constitution. I don't know. Just seems like when states take the initiative they are slapped around if the Supreme Court doesn't like it. Hypocrites. The only answer I can see is term limits. Term limits for the Supreme Court and term limits for the Congress. This might help clear out the dead weight and power mad from our government.
Ban all guns!
Since when does "Long Standing Tradition" make anything right? Seeing these camo'd yahoos wearing sidearms in public just makes most people nervous.
It didn't make women's right to choose right! If you can reexamine the 50 year long standing tradition of Roe you can certainly reexamine the 200 + year old long standing tradition of the petrified 2nd ammendment.
First of all I do not understand why anyone would need an automatic assault rifle (AR) with the exception of our armed forces. Unfortunately these tend to fall into the hands of criminals and those who wish to do harm. KEEP IN MIND some ARs are considered pistols due to the length of the barrel and the stock.
However, as a widow and a single woman living on my own I do have two "registered" pistols. I also have a concealed carry license. These pistols are secure in my home at all times. I also go target shooting so I understand and know how to use them properly. In Biden's America, plus being a conservative and with the rise in crime, this is a must. I personally don't feel safe ANYWHERE but I certainly don't flaunt that I have them.
https://www.wideopenspaces.com/ar-pistol-need-know/
https://ohiocapitaljournal.com/2022/05/30/6-charts-shows-key-role-firearms-makers-play-in-americas-gun-culture/
Assault weapons should be banned! He public should not be allowed to carry any firearms. When is this country going to learn? The USA has more deaths by gun than any other country
It’s time for the Republican Theo to stop wagging the dog. Republican lead Supreme Court as well as the entire Republican party is totally out of touch with what America wants. If anyone has read anything about what the AR 15s did to the Fourth of July celebrators into the children in the schools literally made their bodies explode. The velocity of the boards coming from an AR 15 do that, they make whatever they hit explode because of the travel so fast. AR 15s are not weapons for hunting they are war weapons to kill, Not even mame but to Literally kill.