Supreme Court Strikes Down Lower Court Rulings Upholding Magazine, Concealed Carry, and Semi-auto Bans
by Jose Nino, Big League Politics:
On the morning of June 30, 2022, the Supreme Court struck down four lower court rulings in the 9th Circuit, 3rd Circuit, and 4th Circuit. These Supreme Court’s rulings have now put gun control laws in California, Hawaii, Maryland, and New Jersey on the ropes. Lower courts previously upheld these gun control laws.
According to a press release by the National Association for Gun Rights, the gun control laws and the following appellate court rulings gave these states the power to prohibit standard capacity magazines, several semi-automatic rifles, and virtually prohibit the public carry of firearms.
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“The victory here is significant and we’ll be using our legal foundation and lobbying arm in every way possible to make sure states follow through with what the Court just determined,” declared Dudley Brown, the President of the National Association for Gun Rights. “The Second Amendment is an enshrined, enumerated, incorporated, and individual right – and it’s time anti-gun states be smacked down for blatantly ruling against the Bill of Rights and Supreme Court decisions.”
A ruling in the 4th Circuit maintained Maryland’s “assault weapon” ban, two rulings in the 9th Circuit and 3rd Circuit maintained magazine bans, and a separate 9th Circuit ruling maintained Hawaii’s de facto public carry prohibition.
However, the game changed with the New York State Rifle & Pistol Association v. Bruen ruling on June 23, the Court threw out “intermediate scrutiny” – the cost/benefit analysis standard that gave lower courts the power to undermine the Second Amendment. This decision also established that the standard for applying the Second Amendment is the history, text, and tradition of the right to bear arms. The application of this standard nullified the lower court rulings and undermined their justification for civilian disarmament.
“The right to defend oneself is the most basic and intrinsic right we possess – and the circuit courts which repeatedly ruled against self-defense and the Second Amendment for Americans living in these states must now grapple with the fact that their decisions were not only immoral, but unconstitutional. Legislators must also accept that the gun control laws they inflicted on their constituents came with deadly consequences – and it’s time they do the right thing and repeal dangerous anti-gun legislation,” Brown said in a concluding remark.
