Supreme Court passes up challenges from gun groups on laws they say violate Second Amendment

Second Amendment


The court earlier this term had dismissed a challenge from New York about transporting guns, and three justices objected, with the newest, Justice Brett M. Kavanaugh, adding that it seemed likely lower courts have been too quick to uphold state and local gun control measures.

Although he agreed the New York case was moot, he added that he shared the “concern that some federal and state courts may not be properly applying” the Supreme Court’s decision recognizing an individual’s right to gun ownership.

“The court should address that issue soon,” he wrote.

He and Justice Clarence Thomas objected again Monday.

“This court would almost certainly review the constitutionality of a law requiring citizens to establish a justifiable need before exercising their free speech rights. And it seems highly unlikely that the court would allow a state to enforce a law requiring a woman to provide a justifiable need before seeking an abortion,” Thomas wrote, regarding the New Jersey case.

“But today, faced with a petition challenging just such a restriction on citizens’ Second Amendment rights, the court simply looks the other way.”

The court’s most conservative members at various times have expressed frustration that their colleagues have routinely turned down requests to evaluate laws that impose tough restrictions for permits to carry guns outside the home and ban certain types of weapons.

The reluctance to reenter the gun control debate was almost entirely due to retired justice Anthony M. Kennedy. He was part of the court’s 5 to 4 majority in 2008’s landmark District of Columbia v. Heller decision, which said the Second Amendment provided a right to gun ownership for personal protection apart from military service. But Kennedy had also insisted in language that presumed states and localities still had leeway to pass gun restrictions.

Lower courts have pointed to that to uphold many restrictions, and overturn very few.

But Kavanaugh’s replacement of his old boss Kennedy was thought to change the dynamic on the court. Kavanaugh was suspicious of gun restrictions while a judge on the appeals court, and the National Rifle Association was an enthusiastic backer during his selection and nomination by President Trump.

The New Jersey law requires individuals seeking a permit to carry a handgun in public to show a “justifiable need” based on a special danger.

“New Jersey’s regime deems specific, entirely reasonable fears for one’s personal safety insufficient,” wrote lawyers for petitioner Thomas Rogers, who was once robbed at gunpoint and now runs an ATM business.

But the U.S. Court of Appeals for the 3rd Circuit has deemed New Jersey’s process lawful since 2013. The long-standing regulation “did not infringe on the Second Amendment’s guarantee,” the court said.

The case is Rogers v. Grewal.

Maryland’s law requires applicants for permits to carry handguns outside the home show a “good and substantial” reason. The state says that most who apply are able to make such a showing.

The U.S. Court of Appeals for the 4th Circuit assumed the Second Amendment covered the right to carry a gun outside the home, but said the state’s system of review by law enforcement and an appeals board satisfied balanced the state’s interest in public safety with the rights of gun owners.

The case is Malpasso v. Pallozzi.



Source link

Articles You May Like

Florida one step closer to giving DeSantis chance to make US a constitutional carry majority
Trump and Pence to speak at NRA convention
Pro-gun Florida Republicans ignore Parkland’s lessons
Gun bills move past prior chokepoint in Minnesota Senate
Sunburn — The morning read of what’s hot in Florida politics — 3.23.23

10 Comments

  1. 956124 516674Your talent is actually appreciated!! Thank you. You saved me plenty of frustration. I switched from Joomla to Drupal towards the WordPress platform and Ive fully embraced WordPress. Its so significantly easier and easier to tweak. Anyway, thanks once more. Awesome domain! 452871

  2. 665667 53142Aw, i thought this was an really very good post. In thought I would like to invest writing in this way moreover – taking time and actual effort to manufacture a very great article but exactly what do I say I procrastinate alot and no indicates apparently go completed. 993739

  3. 502872 99209Hello! I could have sworn Ive been to this internet site before but after browsing via some of the post I realized it is new to me. Nonetheless, Im definitely pleased I found it and Ill be book-marking and checking back regularly! 326685

Leave a Reply

Your email address will not be published. Required fields are marked *