SCOTUS Punts on ‘Assault Weapon’ Ban By: Larry Z

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The Supreme Court’s recent decisions have left many of us reeling. After a series of favorable rulings, outcomes from this week have hit particularly hard.

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Washington Gun Law TV’s President, William Kirk, broadcasted from Security Gun Club, sharing the news with the community.

Kirk, reflecting the sentiment of many, didn’t mince words. “I’m just going to be real honest. This is a very, very disappointing day, not a totally shocking day, but yeah, we really took one on the chin here.”

The Supreme Court denied petitions related to the “assault weapon” ban in Illinois.

Kirk explained, “The reason, as many speculated, including here on this channel and other colleagues in the YouTube universe, is that these cases had not reached the level of maturity. They were still in what’s called an interlocutory phase, which is a fancy lawyer word for saying the game’s not completely over; you’re trying to appeal in the third quarter here, and that is not typically the posture in which a case will be accepted for review by SCOTUS.”

Justice Thomas, known for his strong Second Amendment support, surprisingly wrote the opinion denying certiorari.

“There is a lot of powerful language that Justice Thomas uses to describe why this is an absolutely horrific ruling and why the Seventh Circuit has a long way to go to get this right.,” Kirk noted.

“If the Seventh Circuit ultimately allows Illinois to ban America’s most common civilian rifle, we can and should review that decision once the cases reach a final judgment. The Court must not permit the Seventh Circuit to relegate the Second Amendment to a second-class right.”

The Court also vacated and remanded cases concerning nonviolent felons and cannabis users, such as the Range and Daniels cases, back to lower courts.

This aligns with the findings in United States v. Rahimi. Kirk highlighted the skepticism surrounding these developments.

“What’s likely to change? Nothing. Just take a look at what happens when we GVR (grant, vacate, remand) everything out of Bruen. Remember, four cases got GVR in one day, and how many of those cases changed their rulings post-Bruen? None. What this means is these cases will get delayed by those who do not want to advance this cause, and individuals with old nonviolent felonies or other old criminal convictions precluding them from exercising their rights will continue to live in this situation for the foreseeable future.”

Looking ahead, Kirk advised paying attention to the case of Washington State versus Gator Guns, a challenge to Washington State’s “high-capacity” magazine ban.

“By early 2025, we may see a mature case ripe for Supreme Court review,” he suggested.

Despite the setbacks, Kirk remains committed to educating gun owners.

Remember, part of being a lawful and responsible gun owner is to know what the law is in every situation and how it applies to you,” he reminded viewers.

The 2A community’s fight for Second Amendment rights continues, undeterred by the latest judicial hurdles.

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