Four More Second Amendment Court Decisions Vacated by Supreme Court

AmmoLand ^ | Dean Weingarten

[marktwain]

On June 29, 2022, the Supreme Court held a clean-up conference for the cases yet to be dealt with in the current term, which ends on June 30, 2022.

Four of those cases have been waiting on the decision in the NYSR&P Association v Bruen case. Bruen was decided with a strong opinion upholding the Second Amendment individual right to keep and bear arms outside the home.

All four cases have been granted certiorari, vacated by the Supreme Court, and remanded to the appropriate circuits to be heard in light of the Bruen decision.

The Bruen decision eviscerates the “two step” process and the three levels of scrutiny created in the circuits to evaluate cases. As far as enumerated rights go, “rational basis” “intermediate scrutiny” and “strict scrutiny” are dead.

It is now the burden of the state to prove any law restricting the right to keep and bear arms must have a history and tradition greater than the Sullivan law in New York. If the state cannot prove such a history and tradition exists; the law is unconstitutional under the Bruen decision.

The four cases, which have been languishing in the courts for years, are these:

• Association of NJ Rifle & Pistol Clubs v. New Jersey
  • This case involves the ban on magazines of over 10 rounds by New Jersey. (Third Circuit)
• Young v. Hawaii
  • This case is about the denial of Hawaii to issue carry permits for outside the home. (Ninth Circuit)
• Duncan v. Bonta
  • This case involves the ban on magazines of over 10 rounds by California. (Ninth Circuit)
• Bianchi v. Frosh
  • This case involve the ban on semi-automatic “assault weapons” in Maryland. (Fourth Circuit)

All four cases have been sent back to three different circuit courts

[marktwain]

It is difficult to see how the obstinate Circuit Courts will find ways to claim these bans are allowed by the Constitution.

But, I expect they will.

[Diana in Wisconsin]

ANYTHING that slows the gun-grabbers down, and/or costs them money to continue to pursue, works for me! :)

[Bob434]

[[It is now the burden of the state to prove any law restricting the right to keep and bear arms must have a history and tradition greater than the Sullivan law in New York. If the state cannot prove such a history and tradition exists; the law is unconstitutional under the Bruen decision]]

What kind of chance does ny have of making everyplace a “sensitive area where cc isn’t allowed?” Will they pass such nonsense, and then let the courts hash it out while people are arrested for cc if they carry after nyppasses the unconstitutional restrictions?

[ProtectOurFreedom]

“All four cases have been sent back to three different circuit courts.”

The district courts that cover California, Hawaii, Maryland and New Jersey. Are they all as looney tunes crazy as the Ninth that covers CA? I would assume so.

[PROCON]

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[LS]

Yes, here’s what will likely happen: NY and a few other states will “try” to reinstitute a second standard struck down by Bruen-—and will get slapped down. They will then write a much broader general one-step law . . . that will get slapped down.

At some point, someone will sue these states and win millions.

[skimbell]

New York state pretty much told the SC to pound sand.
The communist left in America will simply not compromise. They are incapable of coexistence and will ultimately need to be destroyed.

[Celerity]

I feel some states need to be divided from the US.

The states on this list are a good start.

[Wonder Warthog]

"Will they pass such nonsense, and then let the courts hash it out while people are arrested for cc if they carry after nyppasses the unconstitutional restrictions?"

In a word....yes.

[Sacajaweau]

They still don't get it.....bad people kill with guns....the other millions have not and never will have any intention to hurt anyone.

New York doesn't mind the lawsuits...it just doesn't care about anyone. It may be a bigger issue in the race for Governor than she thinks.

The problem remains....Dems outnumber Repubs by a HUGE margin...but there are plenty of Independents....and Zeldin could win.

[Tilted Irish Kilt]

skimbell :" The communist left in America will simply not compromise.
They are incapable of coexistence and will ultimately need to be destroyed."

That is why their common refrain is : "burn it all down !"
They want to start it all over again with their leaders in charge,
which is why I don't support a Constitutional Convention.
There is no politician alive today that I trust enough to re-write the National, much less the State, Constitution.

[jcon40]

...... I feel some states need to be divided from the US. .....

Uhm... I feel they should be conquered.

[Captain Rhino]

Ditto for the new laws in New York and California designed to circumvent the recent SCOTUS 2A rulings.

The phrase “unduly burdensome” comes to mind.

[Big Red Badger]

‘VICTORY’
.
Good Word!

[Getready]

That’s gonna take alot, but it must be dismantled bit by bit. Plus destroy(legally) all those who conflate real issues in life to espouse the already proven multiple failures of enforced communism.
Venezuela, Cuba, Soviet Union, Albania, Romania, North Korea come to mind.
China and Vietnam seem to doing OK with a weaponized capitalistic form of communism, but they don’t seem to be very free societies. Just look at their gun control laws.

[gundog]

Hawaii is in the Ninth.

Trump appointed some of the Justices. They’re not as looney as once they were.

[Uncle Miltie]

Hope this invalidates Washington’s 10 round magazine law implemented July 1st.

[marktwain]

There is a lawsuit in the works.

[Gnome1949]

Yes. They all need to be conquered...

As Conan correctly stated, answering the question, Conan, what is best in life?, “To crush your enemies, see them driven before you and to hear the lamentation of their women.”

[joe fonebone]

I have a question.
If Congress allocates funds for a specific department, does the President have to spend it?