The Supreme Court is set to review two Second Amendment cases challenging bans on semiautomatic rifles and magazine limits, potentially reshaping gun laws across the nation.
At a Glance
- Supreme Court to review Snope v. Brown and Gray v. Jennings on January 10
- Cases challenge “assault weapons” bans in Maryland and Delaware
- Review may impact the balance between Second Amendment rights and gun regulations
- Decisions could affect similar laws in other states
Supreme Court to Examine Semiautomatic Rifle Bans
On January 10, the U.S. Supreme Court will review two significant Second Amendment cases that challenge bans on semiautomatic rifles in Maryland and Delaware. The cases, Snope v. Brown and Gray v. Jennings, have been distributed for conference, potentially setting the stage for a landmark decision on gun rights.
The Second Amendment Foundation (SAF) is at the forefront of these legal challenges, arguing that the bans infringe upon constitutional rights. SAF Executive Director Adam Kraut emphasized the importance of the Snope case, stating, “Snope provides the Supreme Court with an excellent vehicle to correct the widespread misapplication of the Court’s precedent regarding these firearms and the Second Amendment, itself.”
Challenging Lower Court Decisions
The Fourth U.S. Circuit Court of Appeals previously ruled that Maryland’s ban on certain semiautomatic rifles falls outside Second Amendment protection. SAF contends this decision misapplies Supreme Court precedents, particularly those established in the landmark District of Columbia v. Heller case.
SAF argues that the Second Amendment should not be treated as a second-class right and that all constitutional rights deserve equal protection. This stance challenges the tendency of some lower courts to apply different standards to Second Amendment cases compared to other constitutional rights.
“Any infringements on one right should merit the same degree of scorn as infringements against another right since all are protected equally by the Constitution. The Second Amendment should not become a second-class right just because there are those who don’t agree with it,” said SAF founder and Executive Vice President Alan M. Gottlieb.
Magazine Limits and Other Restrictions
In addition to the semiautomatic rifle bans, the Supreme Court will consider Ocean State Tactical v. Rhode Island, which questions whether banning ammunition feeding devices in common use violates the Second Amendment. This case, along with others like Maryland Shall Issue v. Moore, addresses various aspects of gun control laws, including licensing requirements.
Critics of lower court decisions argue that some circuits have used subjective balancing tests that undermine the Second Amendment. They point to Judge Brett Kavanaugh’s dissent in Heller II as a model for analyzing rifle bans, emphasizing the importance of text and history over judicial balancing tests.
Potential Implications
The Supreme Court’s decision to review these cases could have far-reaching implications for gun laws across the United States. While states with strict gun control measures are in the minority, their laws affect a significant number of Americans. A ruling in favor of the Second Amendment advocates could potentially invalidate similar bans in other states and reshape the national landscape of firearm regulations.
As the Court prepares to hear these cases, gun rights supporters and gun control advocates alike are watching closely. The outcomes may not only affect specific state laws but could also set precedents for how Second Amendment rights are interpreted and protected in the future.
