Supreme Court Follows Concealed Carry Decision With Pro-2A Rulings In 4 States
Post by Tyler Durden | Written by Matthew Vadum via The Epoch Times
The Supreme Court followed up its June 23 landmark ruling that for the first time recognized a constitutional right to carry firearms in public for self-defense, by issuing a series of rulings June 30 reversing federal appeals court decisions that upheld gun restrictions in California, New Jersey, Maryland, and Hawaii.
The Supreme Court in Washington on Sept. 21, 2020. (Samira Bouaou/The Epoch Times)
Courts will find it difficult to uphold the firearms laws in question after the high court’s June 30 and June 23 rulings.
In unsigned orders, all four cases were remanded June 30 to lower courts “for further consideration in light of” the Supreme Court’s June 23 decision in New York State Rifle and Pistol Association v. Bruen. In that 6–3 ruling, the high court invalidated New York state’s tough concealed-carry gun permitting system.
Lisa Caso sells guns at Caso’s Gun-A-Rama store in Jersey City, N.J., on March 25, 2021. (Spencer Platt/Getty Images)
The Second Amendment to the U.S. Constitution states: “A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.”
The Supreme Court has been strengthening Second Amendment protections in recent years. In District of Columbia v. Heller (2008), the Supreme Court held the amendment protects “the individual right to possess and carry weapons in case of confrontation,” and in McDonald v. City of Chicago (2010), that this right “is fully applicable to the States.”
It makes no sense to recognize Americans’ right to defend themselves in their homes while denying them the ability to defend themselves outside their homes, Justice Clarence Thomas wrote June 23 in the court’s majority opinion.
“After all, the Second Amendment guarantees an ‘individual right to possess and carry weapons in case of confrontation,’ and confrontation can surely take place outside the home. … Many Americans hazard greater danger outside the home than in it,” Thomas wrote.
In the new orders, the Supreme Court summarily disposed of the four pending cases, simultaneously granting appellants’ petitions seeking review while skipping over the oral argument phase. Some lawyers call this process GVR, standing for grant, vacate, and remand.
In the Maryland case, Bianchi v. Frosh, court file 21-902, a coalition of 25 states led by Arizona challenged Maryland’s Firearms Safety Act of 2013. The statute, which was upheld by the U.S. Court of Appeals for the 4th Circuit in September 2021, required pistol purchasers to seek a license, complete safety training, and be fingerprinted. Maryland bans popular weapons such as the AR-15 and similar rifles and limits magazine capacity to 10 rounds.
Maryland Attorney General Brian Frosh, a Democrat, was defiant after the remand order. Military-style firearms “pose grave risks to public safety, as recent mass shootings in other states have made clear,” Frosh stated. Despite the Bruen ruling, the state’s law remains in effect, he said. “Marylanders have a right to be protected from these dangerous weapons.”’
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(TLB) published this article as posted by Tyler Durden and written by Matthew Vadum via The Epoch Times
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