SCOTUS denies cert on two 2A cases.

[Rockrivr1]

Not much news about this with the inauguration yesterday.

The Supreme Court rejected the appeals of gun owners in two cases on Monday morning, leaving in place the state of Maryland's Handgun Qualification License, as well as a Third Circuit Court of Appeals decision that denied an injunction against the state of Delaware's ban on so-called assault weapons and large capacity magazines.

SCOTUS did not take action on two other cases involving bans on commonly possessed arms, however. Snope v. Brown, a challenge to Maryland's ban on semi-automatic long guns, and Ocean State Tactical v. Neronha, a challenge to Rhode Island's ban on "large capacity' magazines, will likely be relisted for this week's conference. The Fourth Circuit previously upheld Maryland's gun ban, ruling that the prohibition on commonly owned semi-automatic firearms doesn't violate the Second Amendment because the arms in question are "like" machine guns and fall outside the scope of the right to keep and bear arms, while the First Circuit upheld Rhode Island's magazine ban under the similarly specious argument that magazines (no matter their capacity) aren't arms that are protected by the Second Amendment at all.

The Fourth Circuit also previously signed off on Maryland's Handgun Qualification License in a lawsuit brought by Maryland Shall Issue, Atlantic Guns, and two individual plaintiffs. As they noted in their lawsuit, Maryland's law not only requires individuals to obtain a license before they can keep a handgun in their home, it also imposes a defacto 30-day waiting period on the exercise of our Second Amendment rights. The Fourth Circuit held that the handgun licensing law doesn't infringe on the right to keep and bear arms, arguing that the Second Amendment’s textual protections only apply if the law in question is "so abusive as to 'effectively den[y]' a person the right to keep and bear arms entirely.

View: https://www.youtube.com/watch?v=OCuMLjp3oHw

SCOTUS Turns Away a Pair of Second Amendment Cases

bearingarms.com

 

[Mesatchornug]

Thread 'Maryland AWB case Snope v Brown waiting on Cert grant from SCOTUS. (Formerly Bianchi v Brown & Bianchi v Frosh)'

Aug 6, 2024

This case deserves its own thread, as it has a really good chance of being granted Cert by SCOTUS next session and overturning Assault Weapons Bans nation wide.

It was Granted Cert, Vacated and Remanded (GVRd) by SCOTUS when they issued the Bruen Decision (under the name Bianchi V Frosh), and has now once again cleared the hurdle of the 4th Circuit Court of Appeals.

Unlike previous recent AWB cases SCOTUS has failed to grant Cert to, this one has a final judgement by an appeals court and isn’t an interlocutory appeal (other aspects of the case are still pending)

FPC page on the case...

• Cap'n Mike
• Replies: 1,303
• Forum: General Discussion

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[MickeyD’s]

Old news

Snopes/ocean Relisted for Friday the 24th conference

 

[Coyote33]

Old news
Snopes/ocean Relisted for Friday the 24th conference

These are 2 separate cases, according to THIS.

Not holding breath for either at this point.

 

[Mesatchornug]

These are 2 separate cases, according to THIS.

Not holding breath for either at this point.

You're right.

And your link brings us back to the same thread that we pointed folks towards 3+ months ago (in the post above the one to which you replied). Why bump this one needlessly?

 

[paul73]

You're right.

And your link brings us back to the same thread that we pointed folks towards 3+ months ago (in the post above the one to which you replied). Why bump this one needlessly?

Why? Because scotus really does not care about constitution?
Good enough reason to me.

 

[Mesatchornug]

Why? Because scotus really does not care about constitution?
Good enough reason to me.

My point is that the other thread is active. This one is both a dupe and (mostly) dead. Let's leave it that way.

 

[rogersmithiii]

Republicans own the house, senate, White House and SC, and we still can’t stop gun control.

 

[paul73]

we still can’t stop gun control.

to stop anything it should be a strong desire to see it stopped.
and none of the ruling elites on either side really wants it stopped.

 

[M1911]

Republicans own the house, senate, White House and SC, and we still can’t stop gun control.

Once again, time for a Civics lesson, since people seem unable or unwilling to grasp this.

The Republicans have a razor thin majority in both houses of Congress. In the House, Republicans have 218 seats vs 215 for the Democrats. In the Senate, the Republicans have 53 seats vs 47 for the Democrats. However, in the Senate you need 60 votes to end a filibuster (a vote of cloture).

With these razor thin margins, no controversial legislation will get passed during this session, and legislation to end or reduce gun control would absolutely be controversial. There is no way the Republicans could get 7 Democratic senators to cross party lines and end a filibuster. In the House, it is unlikely the Republicans could keep all their members inline to pass such legislation.

 

[Rockrivr1]

Once again, time for a Civics lesson, since people seem unable or unwilling to grasp this.

The Republicans have a razor thin majority in both houses of Congress. In the House, Republicans have 218 seats vs 215 for the Democrats. In the Senate, the Republicans have 53 seats vs 47 for the Democrats. However, in the Senate you need 60 votes to end a filibuster (a vote of cloture).

With these razor thin margins, no controversial legislation will get passed during this session, and legislation to end or reduce gun control would absolutely be controversial. There is no way the Republicans could get 7 Democratic senators to cross party lines and end a filibuster. In the House, it is unlikely the Republicans could keep all their members inline to pass such legislation.

Basically, why we'll never see National Reciprocity as in the current breakdown there just isn't enough votes, and it might be some years before that kind of majority is reached. The country is too polarized at this point for either side to get a majority of that extent.

 

[M1911]

Basically, why we'll never see National Reciprocity as in the current breakdown there just isn't enough votes, and it might be some years before that kind of majority is reached. The country is too polarized at this point for either side to get a majority of that extent.

And that is partly be design. The Founding Fathers were very wary of the tyranny of the majority. It's very different from a parliamentary system with a single house, where the ruling party in Parliament also gets the Prime Minister's office, thus giving the ruling party both the legislative and executive branches.

 

[Coyote33]

to stop anything it should be a strong desire to see it stopped.
and none of the ruling elites on either side really wants it stopped.

Then our side needs to do a better sales job. The question then becomes, "How do we convince them it should be stopped?".