Top court rejects challenge to Maryland assault weapons ban
Source: Reuters
#SUPREME COURT NOVEMBER 27, 2017 / 9:50 AM
Andrew Chung
WASHINGTON (Reuters) - The U.S. Supreme Court, which has avoided major gun cases for seven years, on Monday declined to hear a challenge backed by the National Rifle Association to Marylands 2013 state ban on assault weapons enacted after a Connecticut school massacre.
The court turned away an appeal by several Maryland residents, firearms dealers and the state NRA association, who argued that the ban violated their right to keep and bear arms under the U.S. Constitutions Second Amendment.
The justices sidestepped the roiling national debate over the availability of military-style guns to the public.
The case focused on weapons that have become a recurring feature in U.S. mass shootings including the Nov. 5 attack at a Texas church that killed 26 people, the Oct. 1 attack at a Las Vegas concert that killed 58 people, and the 2012 massacre of 20 schoolchildren and six adults at Sandy Hook Elementary School in Newtown, Connecticut, which prompted Marylands law.
Read more: https://www.reuters.com/article/us-usa-court-guncontrol/top-court-rejects-challenge-to-maryland-assault-weapons-ban-idUSKBN1DR1SE
bucolic_frolic
(43,244 posts)that even the Justices would like to live in a civilized society?
BumRushDaShow
(129,264 posts)Let's hope this is a trend and other states can use the statutory language that Maryland had.
Princess Turandot
(4,787 posts)Unlike last June, when Justices Clarence Thomas and Neil Gorsuch dissented from the courts denial of review in Peruta v. California, in which the justices had been asked to decide whether the Second Amendment protects the right to carry a gun outside the home for self-defense, todays denials were not accompanied by any public comments from the justices. http://www.scotusblog.com/2017/11/no-new-grants-court-denies-review-gun-rights-cases/#more-264365
It only takes 4 justices to add a case to their docket. So at least 6 of them declined to do so.
Gothmog
(145,437 posts)Hoyt
(54,770 posts)Orrex
(63,219 posts)WON'T SOMEONE PLEASE THINK OF THE PRECIOUS, PRECIOUS GUNS!!!!!!1!
Fred Sanders
(23,946 posts)IronLionZion
(45,484 posts)second they implement all sorts of government oppression and we can't resist tyranny.
third, we all die from socialism
This is the end of the republic.
William Seger
(10,779 posts)The Ruger Mini-14 doesn't look like an assault rifle, but it's the functional equivalent of an AR-15: It fires the same .223 ammo as fast as you can pull the trigger, it accepts the same high-capacity clips, and with a little practice it can be bump-fired without a special stock. This is why legislation defining "assault weapon" is tricky.
Fred Sanders
(23,946 posts)NutmegYankee
(16,201 posts)Ban a model R15S and the company introduces new model S15R.
Fred Sanders
(23,946 posts)William Seger
(10,779 posts)Hoyt
(54,770 posts)hi-capacity magazines. If every state had a ban similar to Maryland, the gun industry -- as we know it -- would flounder.
William Seger
(10,779 posts)... but if you have to fight off the government, you want to look like Rambo, not Hoss Cartwright.
oneshooter
(8,614 posts)It has its own propitiatory magazines.
William Seger
(10,779 posts)oneshooter
(8,614 posts)And availability is somewhat limited.
They run$17-$20 each (30rd)
hack89
(39,171 posts)Life goes on.
Hoyt
(54,770 posts)hack89
(39,171 posts)Every year they try an AWB and every year they fail big.
Hoyt
(54,770 posts)hack89
(39,171 posts)Hoyt
(54,770 posts)Next time, the law needs to be written to exclude these rifles without attempting to appease gunners, no matter how loudly you guys whine. The recent court decision would appear to make it much easier for a state to ban semi-auto rifles with a lot fewer exceptions.
hack89
(39,171 posts)Not the NRA's fault that people profoundly ignorant about guns wrote a poor law.
Hoyt
(54,770 posts)over 5 shots. Don't make the same mistake of trying to appease the NRA and gun-strokers.
When gunners whine that most semi-autos -- pistols or rifles -- hold more than 5 rounds, tell them to go pound sand.
hack89
(39,171 posts)Can't ban a single gun even if I wanted to. Don't blame me for gun control bring a colossal failure in America - you need to look into a mirror and start being honest with yourself. May be then you can find success.
pandr32
(11,599 posts)bitterross
(4,066 posts)When I consider this I come to the conclusion they are allowing the issue to play out further in the states and lower courts before addressing it. NY and CT are in the Second Circuit and VA is in the Fourth Circuit. So far, the circuits are upholding the bans. So there is no real reason for SCOTUS to get involved because the circuits have not split yet on the issue.
They are doing what they should do actually and I doubt this came as much of a surprise to the attorneys involved.
On Edit:
The more I think about this the more the NRA should be pleased SCOTUS didn't take the case. If they did and upheld the ban then it would apply to all states. Right now, the states within the circuits that might actually overturn a ban are unlikely to pass bans. For instance, the Fifth Circuit, where TX, LA and MS are or the Tenth Circuit where UT, OK, KS, WY, and NM are would be the prime venues in which to bring a case against a ban. However, none of those states is likely to pass one any time soon.
By doing nothing in this instance, the NRA and the gun-humpers are actually better off.
Fred Sanders
(23,946 posts)Issues (1) Whether District of Columbia v. Heller excludes the most popular semiautomatic rifles and magazines from Second Amendment protection; and (2) whether they may be banned even though they are typically possessed for lawful purposes, including self-defense in the home.
http://www.scotusblog.com/case-files/cases/kolbe-v-hogan/
If the NRA backed both challenges to the bans...why are they pleased??
Orrex
(63,219 posts)Without it, the terrorists win.
DetroitLegalBeagle
(1,925 posts)The idea that SCOTUS is punting gun cases for the time being is fairly well accepted among legal circles at this time. Supreme Court decisions can only veer as far left or right as the most moderate Justice who is voting to concur will allow. From who former pages and legal analysts have said as far as Heller is concerned, Scalia moderated the decision in order to keep Kennedy on board. Knowing this, the other 4 Justices are not apt to bring any more gun cases to SCOTUS review until a more reliable 5th vote is seated. If the GOP get to pick 1 more Justice, then expect SCOTUS to take on a future AWB case, as well as CCW case. There are currently splits between circuit courts as far as CCW goes, and SCOTUS isn't apt to let those splits sit very long. Think of it this way, if the GOP get 1 more pick, Roberts will become the swing vote. Roberts.
Yo_Mama_Been_Loggin
(108,115 posts)Looks like these people will have to find some other way to compensate for their inadequacy.
usaf-vet
(6,193 posts)..... away everyone's guns? Very devious plan. Get control of the Senate, House and White House. Steal a SCOTUS seat from Obama. Appoint Gorsuch to the stolen seat making it a 5-4 conservative court. THEN take away guns. Clever subterfuge.
marble falls
(57,137 posts)ClarendonDem
(720 posts)And an assault weapons ban is consistent with Heller. So some states can ban assault weapons without violating the constitution, and others can have more lenient laws. For instance, while Maryland banned assault weapons, I'd be shocked if North Carolina or Virginia (also in the 4th Circuit) enacted similar bans, and I'm pretty certain South Carolina (another 4th Circuit state) won't enact a similar law any time soon. Of course, Congress could ban assault weapons, but they can't even enact less controversial laws like universal background checks or bump-stock bans.