This is incredibly good news. The importance of Justice Clarence Thomas’ majority opinion in the New York right-to-carry case may not be fully understood until all of these other cases have gone through lower court review. What we’re seeing today could be the beginning of court actions that eventually fully restore rights protected by the Second Amendment.
Our attorneys are already reviewing earlier cases to determine which ones can be re-filed for further action based on the high court ruling in Bruen and we are confident other cases now remanded back for further review will also fare better in the lower courts.
It is also important that the high court granted all writs of certiorari in these Second Amendment cases as they were being remanded back for further review. That tells me we have a Supreme Court willing to rein in lower court activism and limit how far they will allow local and state governments to reach when it comes to placing burdens on the exercise of a fundamental, constitutionally-enumerate right to keep and bear arms.
Alan Gottlieb
Executive Vice President
Second Amendment Foundation
SAF HAILS SUPREME COURT FOR SENDING BACK GUN CASES FOR FURTHER REVIEW
[See also SUPREME COURT REVERSES LOWER COURT RULINGS ON MAG BAN, “ASSAULT WEAPONS” BAN, CARRY BAN
The lower courts will, of course, drag their feet. My guess is that it will be months, at best, before we see real change in things like “assault weapon” bans and restrictions, and magazine bans.
But this does make for a very happy 4th of July.
And be sure to make your lists and document all the anti-gun politicians infringements of our rights. A right delayed is a right denied. Perhaps sometime in 2025 we will have a glimmer of hope that these criminals will be prosecuted.—Joe]
The thing we’re seeing know is known as GVR:
Grant certiorari;
Vacate lower courts ruling; and
Remand for further proceedings consistent with previous rulings.
In other words, SCOTUS is saying, “You’ve been wrong the whole time. Fix yourself before you wreck yourself.”
I never really understand why, when the answer is obvious, they still send the case back to lower courts which will attempt to screw it up again. Why not simply decide the case directly and be finished with it?
I would guess it is the additional work load. But that is just why I would do that.
As near as I was ever able to figure it out, the judge below made an error in applying the law, and he should fix it. Judges hate to be reversed on appeal, so they do try to find some other way to “fix” their error. Reversals go on their record, though.
As you say Joe. Good July 4th. present. And the courts having to review all their crappy ruling is a wonder to behold!
A testament to the brilliants of our forefathers in the constitution written the way it was.
Something else to consider is what just happen to the EPA. They stepped outside of their congressional purview. (In desperation to fulfill some nebulous ideal.) This form of “mission creep”, is very easy for bureaucracies to fall into. And with the court willing to inspect those things congress won’t.
It might be an open flank. Not sure all the ATF was charged by congress to perform. But they have to be outside their original roll by a huge margin at this point. And can in many cases no longer hide behind the “chevron defense”, for their actions?
This is indeed a far-reaching ruling. For me, I think I’ll go import some 100 round drum mags and 3D print a couple of serial-less semi-auto 9mm pistols with braces. Suck on it Ferguson!
I’m of the opinion that with a few exceptions (like maybe the top-mount 5.7×28 mag on the PS-90) once you get past 30 rounds you are into the area of seriously diminishing returns, and it would be better to go belt-fed. Personally, I think a belt-fed upper on an AR-15 would be pretty spiffy, even on semiauto.
It’s been done by the Ares company, Originally called ‘The Shrike’, now it’s the MCR wetf.
https://fightlite.com/
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There will be absolutely no change. I expect 100% of these judges and courts to double down and tell SCOTUS to go fuck themselves with this ruling. This decision will be ignored and there instructions from SCOTUS will be ignored. Just like heller.
Most of these judges and all of these courts openly hate the 2nd amnendment and are openly hostile to us. These courts and judges hate private gun ownership and much like the vast majority of the Democrat party desire nothing less than the complete and total ban of all private gun ownership. They want every single solitary person in the entire United States that owns a gun dead.
I’m not holding my breath.
That very well could be, Shawn. But the major distinction is that we deplorables now know we were right all along.
At that point it’s all about naked power and aggression. Something the mass of gun owners are far better at than government.
The harder they push, the harder they will get pushed back against.
As Defens said above.
Like actually controlling climate change. Gun control cannot be done. This government will not survive the attempt.
And in the case of NY there will be no effective change with the new bill that just passed the Senate and is expected to be signed into law:
“Those seeking gun permits would have to disclose both their active and inactive social media accounts from the past three years as well as provide references the state can contact to confirm their “good moral character,” the bill states.”
“An applicant seeking a permit would need to meet with a licensing officer for an in-person interview, complete at least 16 hours of firearm training, and agree to store all firearms securely, according to the bill. The legislation would also create a statewide database for ammunition sales and license records and mandate sellers to keep records of every ammunition transaction.”
“But Thomas agreed jurisdictions could ban concealed firearms in “sensitive places,” opening the door for state lawmakers to pass legislation that defines those terms. The legislation in New York would establish a definition that includes places where guns would be prohibited, such as Times Square, schools, government buildings, public transportation, places of worship, theaters, and stadiums, among others. The ban would also extend to private businesses unless they post signage indicating otherwise.”
Sorry if you got the impression I thought communists were just going to give up? Cause we kind of won one?
Your right. And now the courts are going to be going through what is an actual “infringement”, or “substantial burden” on your rights for years.
Thats how the courts stay in business.
But Thomas is already slapping lower courts on this same crap.
To me, It’s more like “Naked Gun 33 1/3’s” description of sex. “It’s an arduous process that goes on, and on. Then nothing happens.”
This is always the problem with declaring checkmate in a game where the actors responses are potentially infinite!
States like Kali and New York along with the lower courts who HATE the Second Amendment will simply drag their feet and spend literally YEARS mucking about trying to thwart the intent of this ruling. Eventually the left WILL succeed in packing the SCOTUS with approved commie stooges at which time this ruling WILL be overturned. The left has only ONE RULE…..WIN! By whatever means necessary.
As long as we allow them access to power….and the ability to turn O2 into CO2….they will NEVER cease their efforts to destroy America, our freedom and our rights. They can tie this up for DECADES in the never ending attempt to destroy 2A rights.
It is much more than 2A rights – it includes Western Civilization itself. The richest period of human history will, within few years after George Floyd, be a distance memory.
Stage 0: Pretending everything is OK
Stage 1: Living off remnants
Stage 2: Shock and Die off
Stage 3: Rise of the war lords
Stage 4: Return of the hunters gathers
Historians – if there are any – of the future will conclude that our generation set humanity back hundreds, if not thousands, of years by destroying the energy infrastructure and social construct that made it possible.