Gun Industry Deals With the Failure of the Supreme Court to Take Up 2A Cases

Supreme Court

The massive bronze doors of the Supreme Court are seen in Washington, early Monday, June 15, 2020. (AP Photo/J. Scott Applewhite)

From the National Shooting Sports Foundation:

The NSSF, the firearm industry trade association, expressed profound disappointment and frustration by the U.S. Supreme Court’s refusal to accept any of nearly a dozen Second Amendment-related appeals.

The Supreme Court requires just four justices to agree to hear an appeal at the nation’s highest court. Four justices, including Associate Justices Clarence Thomas, Thomas Alito, Neil Gorsuch, and Brett Kavanaugh have all expressed concern over the court’s decade long unwillingness to address infringements on Second Amendment rights.

Justice Thomas previously noted, “…the Second Amendment is a disfavored right in this Court.” That pattern has not altered with today’s petition denials. Justice Thomas, again, drew attention to this fact in his dissent.

“But today, faced with a petition challenging just such a restriction on citizens’ Second Amendment rights, the Court simply looks the other way,” Justice Thomas wrote in his dissent.

“What is clear is the four associate justices could have likely voted to hear any of the ten petitions, but not all four chose to bring the cases before the court,” said Lawrence G. Keane, NSSF Senior Vice President and General Counsel. “It makes one wonder if one or more of the other conservative justices are disinclined to accept Second Amendment cases because they lack confidence that Chief Justice Roberts, the swing vote on these firearm-related cases, could be trusted to interpret the Second Amendment as written, or faithfully apply the precedence of the Heller and McDonald decisions, both of which he ruled in the (5-4) majority.”

The NSSF filed amicus briefs on two of the cases denied by the Supreme Court. Those cases, Worman v Healey and Mance v Barr, centered on fundamental rights to acquire firearms to exercise the right to keep and bear arms. The Supreme Court’s denial lets stand Massachusetts’ ban on commonly-owned modern sporting rifles and a ban on the sale of handguns across state lines. No other fundamental constitutional right ends at a state’s border.

The court also denied Pena v Horan, a challenge to California’s Unsafe Handgun Act that bans handguns in common use for lawful purposes, which the firearm industry trade association was closely monitoring.

“The court is ignoring its’ own precedents and the willful ignorance of lower courts to apply precedence of the landmark 2008 Heller and 2010 McDonald decisions,” Keane explained. “Heller protected the pre-existing common law individual rights to possess and carry on your person firearms that are in ‘common use.’ Nearly 18 million modern sporting rifles are in circulation today, used for lawful purposes daily, including recreational target shooting, hunting and self-defense.

“McDonald found that Second Amendment rights are enforceable against states seeking to deny those rights of law-abiding citizens. As several Justices have written in recent years, both precedents are being badly misinterpreted by the lower appellate courts, or as Justice Thomas at least believes blatantly ignored. Now, a dozen years since Heller, what is abundantly clear the Roberts-led Supreme Court is allowing the Second Amendment to be treated as a constitutional orphan.”

 

About NSSF
NSSF is the trade association for the firearm industry. Its mission is to promote, protect and preserve hunting and the shooting sports. Formed in 1961, NSSF has a membership of thousands of manufacturers, distributors, firearms retailers, shooting ranges, sportsmen’s organizations and publishers nationwide. For more information, log on to www.nssf.org.

comments

  1. avatar Green Mtn. Boy says:

    Unfortunately the NSSF support selective infringements of the 2nd.,that mutes what they might have to say.

    1. avatar RedEagle says:

      Facts.

      1. avatar Green Mtn. Boy says:

        Well three off the top,support bump stock ban,fix NIC, red flag laws and I know there is a list, not my idea of stanch 2 nd. amendment supporters.

    2. avatar Rusty - time for RGB to go - Chains says:

      While I do not trust NSSF, neither do I trust John Roberts who seems less and less conservative as time goes on. While I am no huge fan of Trump I will be happy to vote for him for two reasons: 1. He appoints good judges and we need a good replacement for RGB who won’t last another four years and of course Breyer is likely to leave as well. 2. He pisses off all of the usual DC people who want to hop from one job to another while soaking the taxpayer and increasing their own personal power within the swamp.

      1. avatar SAFEupstateFML says:

        When someone pisses off Liberals, Democrats, GOP leadership, RINO’s, Politically minded military, the Media, and damn near every hostile and manipulative foreign nation at the same time I will vote just for the show the generally conservative judicial appointments and slowing of cultural engineering are amazing package deals.

  2. avatar PT says:

    President Trump is sure quiet about this decision especially after he tells us he is pro 2A.

    Yet he praises the decision for LGBTQ.

    1. avatar d says:

      Yes, Trump is a major disappointment when it comes to the 2nd A, but are you going to vote for Dementia Joe? Trump knows your answer

    2. avatar Prndll says:

      Trump being pro-2A is an idea that people conjured up simply because he is there as a Republican combined with all the friction he has with the left. Just like him being thought of as conservative.

      He still has me vote but not for any mislead thoughts of being conservative or pro-2A. I didn’t even vote for him the first time for that reason.

      What we have though is large group of cowards in leadership positions. When weak-knee’d fools run everything, there is no rule of law.

    3. avatar Prndll says:

      Trump being pro-2A is an idea that people conjured up simply because he is there as a Republican combined with all the friction he has with the left. Just like him being thought of as conservative.

      1. avatar Someone says:

        Trump being pro-2A is an idea that people conjured up simply because that’s what he proclaimed and what he ran on. That’s also why the NRA contributed unprecedented amount of money to his campaign.

    4. avatar Prndll says:

      He still has me vote but not for any mislead thoughts of being conservative or pro-2A. I didn’t even vote for him the first time for that reason.

      1. avatar Green Mtn. Boy says:

        If he for all his supposed education only had a clue of the Constitution that he swore a oath to. He will get my vote over Biden the Buffoon but not the unbridled enthusiasm that a Constitutional conservative would garner.

        1. avatar Prndll says:

          As if anyone is left in Washington that even considers the Constitution anymore.

    5. avatar Prndll says:

      What we have though is large group of cowards in leadership positions. When weak-knee’d fools run everything, there is no rule of law.

      1. avatar Just Sayin(OG) says:

        So, Dude, you made yer point.
        Do you NEED to listen to yourself?

        Grab yourself a Snickers…

  3. avatar Kyle in Upstate NY says:

    I am guessing the pro-2nd Amendment justices on the Court are not trusting of the other ones to make a pro-2nd Amendment ruling right now.

  4. avatar GS650G says:

    I wouldn’t worry about gun laws. We see how effective LE has been lately. Just tell them your gay, a BLM member, or anything else protected and they won’t touch you.
    Or be in a nice big crowd. They won’t do shit. They only are effective against a single house with 20 of their buddies backing them up.

    So at some point we’re all going to settle it ourselves.

    1. avatar Justin says:

      As a white male heterosexual I plan on identifying as a pre-female, white African American-Hispanic, lesbian undocumented gun owner. I think that’s enough to get legal protection or at least be able to demand hate crime charges against anyone who questions/offends me.

    2. avatar WhiteDevil says:

      Exactly. I’m astonished that the people that regularly visit and comment on this site are supporters of LE. The only reason we have restrictions on the 2A and a neutered degree of freedom, compared to years past, is because of LEs willingness to enforce illegal laws. They’re cowards when challenged, unless, like you said, they have 20 of their “buddies” backing them. People are finally at the point where they have had enough of these clowns in costumes.

  5. avatar Old Barn says:

    Gorsuch and Roberts were a bit two busy working on the LGBTQ agenda to worry about the second amendment. Now that they’ve bent everyone over for that one, they’ll update the second amendment jurisprudence next year. You folks who are banking on SCOTUS conservatives to protect your second amendment rights aren’t paying attention to what just happened; it’s not the kind of case, it’s how they did it. If they can rewrite a statute based on a new definition of a term, they will do it to the constitution. Wait, the liberals have been doing that since the 1930’s. When you are ruled by a court of unelected ivy league lawyers, you’ll get clever decisions that have nothing to do with the law, because, as SCOTUS has said of itself, it is the law. And don’t expect the legislature to do anything but grandstand when its necessary for election politics. The republic is dead, and has been for a while; we’re just in the figuring out what’s next stage.

    1. avatar RedEagle says:

      Big truths.

  6. avatar Ralph says:

    SCOTUS has been out of the 2A business for about a decade now. And Roberts has been out of the freedom business for about as long.

    1. avatar Green Mtn. Boy says:

      Since he swore his oath,Remove or replace.

      1. avatar Prndll says:

        The same with Pelosi, DiFi, Schummer, and Shiff for brains. While we’re at it, Cuomo.

        1. avatar Green Mtn. Boy says:

          Wouldn’t even require a trial as they by their words and deeds proven themselves guilty.

  7. avatar GS650G says:

    It would be swell to have Heller and MacDonald enforced or at least respected. But no. Roberts seems to think that is all settled and there is no need to bring it back up. I hope I’m wrong but actions are pretty clear. Now we are going to see all the circuits nibble away at the 2A.

    At least the Alphabet group got protection from being laid off for any reason. No HR department will touch them now. The straight white males are going to be first to go.

  8. avatar anonymous coward says:

    It’s clear that SCOTUS needs a conservative majority (sans Roberts) before it will rule on a 2A case. The next opening is RBG’s seat. To gain it for a conservative, POTUS and Senate must remain in GOP’s hands. Get out and VOTE!

  9. avatar former water walker says:

    Eh…I agree with ignoring the law. And the emasculated po-leece. We’re on our own! SHTF is here😕

  10. avatar Mike V says:

    We’re chasing a carrot on a stick it seems.

  11. avatar Dale Menard says:

    Words do not mean anything anymore. How are we to follow the law if it can be “interpreted.”

  12. avatar BOBO says:

    It fully time to send not a dozen cases their way, but hundreds!!!!!!!!

    the firearms manufactures need to ban together and fund lawsuits in all 50 states dozens at a time…drown them in paper!

    1. avatar JB says:

      ^^ and who is going to pay for that lawsuit tidal wave? The .gov has unlimited funds and time.

      1. avatar BOBO says:

        JB can you read?

        “the firearms manufactures ”

        Guess not?

  13. avatar ANG Pilot says:

    Is there any part of the government that has NOT been corrupted? SCOTUS has devolved into a purely political institution. Apparently, Roberts’ first priority isn’t to do justice and faithfully interpret the law – it’s to protect his and the Court’s reputation.

    What’s so frustrating to me is the Justices willingness to create “rights” which aren’t actually enumerated in the Constitution (Obamacare, gay marriage, LGBTQ+ rights, abortion, etc.) while marginalizing and qualifying a right, like the 2nd Amendment, that actually IS enumerated (notwithstanding that the Amendment doesn’t confer a “right” but restricts the government from infringing on it).

    We truly are living in a banana republic and subject to the whims of the Mob.

  14. avatar Debbie W. says:

    Gun Control in America should be as acceptable as racism and genocide simply because Gun Control is rooted in racism and genocide. Obviously Justice Thomas knows this better than the rest.
    BTW…PBS did a documentary on Judge Thomas and I have to give credit where credit is due. PBS did a very good job letting truth be told. If anyone is interested and all should be watching the Thomas Documentary is well worth the time.

  15. avatar Shawn says:

    I’m surprised people are surprised.

  16. avatar The Olympic Snorch says:

    Ah well, at least we got LGBT discrimination protection.

    You guys are all about the MAGA right? Make America Gay Again!

  17. avatar Grim Reaper says:

    Gorsuch is a liar and a traitor. Trump praised the LGBT ruling b/c of politics and b/c he appointed Gorsuch. Now LGBTs will be even more protected than blacks were with affirmative action and lawyers are going to have a field day. 2nd Amendment rulings have to wait until 2021as just what you would expect from political and activist judges.

    1. avatar Jaque says:

      The court is waiting for the plaintiffs to die off

  18. avatar Jimmy Beam says:

    If any of you think we’re going to win this in the end, you better be prepared to be disappointed. Given recent Supreme Court rulings on the First Amendment, the precedence has been set. Our freedoms are being taken away from us by the very institutions that are supposed to safeguard them.

    This will not end well.

  19. avatar Bortan says:

    While I’m pleased with Trumps actions appointing judges and shaking up the establishment he has proved to be an ineffective leader and basically a bully. (I would include liar but politician = liar).
    However, Trump could piss on the American flag on main street and I’d vote for him over Biden and his gun czar Beto.

    I actually respect Ginsberg as an intelligent person who stands up for what she believes.
    But I can’t wait for her to leave.

  20. avatar Jaque says:

    If there was a second amendment case brought forward by a transexual arrested by a cop for carrying a ghost gun in his vagina you can bet SCOTUS would have ruled within 6 months.

  21. avatar Aaron Walker says:

    It’s a sham to undermine the U.S. Constitutional-Bill of Rights…Of course these Authoritarians are going AREN’T going to reinstate rights that they’ve take away…Give a yard , take a mile…They DON’T want any citizen to have ownership of personal weapons of any kind…Nor any option to self-defense…Actually, as a Constitutionalist/Libertarian lite, I DON’T feel sorry that the police nationally have come under scrutiny…They also have been complicit in undermining our constitutional rights… Our entire government and its agencies at all levels NEED an enema!

  22. avatar Darkman says:

    Stop blaming A Court for not doing what is the responsibility of the Citizenry. The Court did not Bleed and Die to secure your Rights. The Court is just 9 people who rule by caveat. Just as King George III did 245+ years ago. After many years of attempting through reason and what legal limited legal avenues they were allowed. To gain their Rights and Freedoms. The Citizenry came to understand that their only recourse was to take what was theirs. By their own will with what force was necessary. Much in the same way the BLM movement and Antifa is doing today. Whether you believe in the cause or not. At least they are willing to put skin in the game for what they believe. Unlike the firearms community. That just sits behind a keyboard. Pissing and moaning about how they were let down and how unfair it all is. If you are unwilling to fight for your Rights. Why do you deserve them? The words written a pieces of paper (Bill of Rights). Are only given their authority by the power of the People and their willingness to fight to Protect and Preserve them. Everything else is just wasted hyperbole on a Court and Politicians who would rather Rule over their Subjects than Rule for their Citizens.

Write a Comment

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

button to share on facebook
button to tweet
button to share via email