Supreme Court’s Pro-Second Amendment Ruling Will Create ‘a tsunami’ of Gun Control Challenges

[mauserme]

https://www.washingtontimes.com/news/2022/jul/14/supreme-courts-pro-second-amendment-ruling-will-cr/

 

Supreme Court’s pro-Second Amendment ruling will create ‘a tsunami’ of gun control challenges

By Alex Swoyer - The Washington Times - Thursday, July 14, 2022

 

Armed with the Supreme Court’s latest gun rights ruling on the right to carry firearms for self-defense, Second Amendment activists are rushing to lower courts to challenge laws ranging from age restrictions on handgun purchases to bans on types of firearms.

 

Targets include laws that existed before last month’s ruling in New York State Rifle & Pistol Association v. Bruen, and new laws that Democrat-led states have rushed to enact in the wake of the 6-3 decision, which shot down New York’s restrictions on issuing concealed-carry permits.

 

“This is just the beginning of what is likely to be a tsunami of litigation commenced by gun rights-oriented plaintiffs,” said Mark W. Smith, a Second Amendment expert and a scholar at the Ave Maria School of Law.

 

“Just as Brown v. Board of Education was a landmark moment in dismantling the Jim Crow regime of ‘separate but equal,’ and in the ensuring of equal rights, so too is Bruen a landmark case that will pave the way for a fuller vindication of our civil rights under the Second Amendment,” Mr. Smith said.

 

... (Justice Clarence Thomas) ... said the test courts must apply is whether a firearms restriction would have seemed reasonable to the founding generation that crafted and ratified the Second Amendment. If not, the law must give way to the Constitution, he wrote.

 

Justice Thomas said lower courts had invented a two-part test, looking at the history and then balancing that against states’ own reasons for enacting buying bans.

 

“Despite the popularity of this two-step approach, it is one step too many,” he said.

...

“There is no constitutionally relevant difference between a semi-automatic handgun, shotgun, and rifle. While some exterior physical attributes may differ — wood vs. metal stocks and furniture, the number and/or location of grips, having a bare muzzle vs. having muzzle devices, different barrel lengths, etc. — they are, in all relevant respects, the same,” the group argued in its complaint.

 

“As a matter of law, any regulation that bans firearm ownership in common use for lawful purposes like self-defense is inconsistent with this nation’s history and tradition.”

 

Democrat-led states are pushing back on the Supreme Court’s ruling.

...

 

 

 

 

[Flynn]

It's going to take several years, but I see very few gun laws still standing when the wave resides, assuming the courts are honest and follow the precedent set properly.

 

Of course I also expect the anti-gunners to fully push new law after new law knowing full well it's a violation but also knowing they have essentially no liability in pushing those laws in many areas were the voters won't hold it against them.

[Matt B]

“

Legal experts said it could be quite some time before the justices take on such a high-profile Second Amendment challenge again.

Before last month’s ruling, it had been more than a decade since the justices handed down their decisions in the Heller and McDonald cases that established a personal right to bear arms.

“Generally speaking, the court’s view is that it leaves even important legal questions by and large to lower courts to decide in the first instance,” said Eugene Volokh, a professor at UCLA School of Law. “It takes a while for a new case to go up.””

This is what worries me. Thomas and Alito are not getting any younger.. there needs to be some sense of urgency for this court to take aggressive action on 2a cases to correct the past decade of improper circuit court rulings.

[Flynn]

On 7/14/2022 at 1:58 PM, Matt B said:

This is what worries me. Thomas and Alito are not getting any younger.. there needs to be some sense of urgency for this court to take aggressive action on 2a cases to correct the past decade of improper circuit court rulings.

 

All the more reason to make sure the GOP secures the Senate, House an Presidency in the coming years.

[MrTriple]

On 7/14/2022 at 1:58 PM, Matt B said:

“

Legal experts said it could be quite some time before the justices take on such a high-profile Second Amendment challenge again.

Before last month’s ruling, it had been more than a decade since the justices handed down their decisions in the Heller and McDonald cases that established a personal right to bear arms.

“Generally speaking, the court’s view is that it leaves even important legal questions by and large to lower courts to decide in the first instance,” said Eugene Volokh, a professor at UCLA School of Law. “It takes a while for a new case to go up.”"

I'm not so sure this is the case anymore. Now that we have this case, I would expect the court to be much swifter in enforcing it with GVR's, per curiam orders, and even grants of cert in situations where the lower courts badly err.

 

But yes, more the reason to vote for pro-2A politicians in 2022, 2024, and beyond.

[illinois_buckeye]

After all the new laws passed directly after the ruling that seemed clear you may see them decide to get motivated.

[Dumak_from_arfcom]

 

It took a while, but it appears the media has discovered the new constitutional standard set in the Bruen decision.