10 cases that could change how the Supreme Court looks at the Second Amendment
May 26, 2020. Summarized by summa-bot.
The Supreme Court's solid conservative majority could soon choose to take up its first major Second Amendment case in nearly a decade, positioning the court to override state laws established to limit the availability and accessibility of some firearms and when they can be carried in public.
(CNN)The Supreme Court's solid conservative majority could soon choose to take up its first major Second Amendment case in nearly a decade, positioning the court to override state laws established to limit the availability and accessibility of some firearms and when they can be carried in public.
There are 10 cases waiting before the justices, and it only takes the agreement of four of the nine justices to vote to hear a case -- a low hurdle for the right-leaning Supreme Court seemingly eager to make a broad Second Amendment ruling.
Last month, Justice Brett Kavanaugh expressed his concern that lower courts have been thumbing their noses at Supreme Court precedent on the Second Amendment, saying the court should "address that issue soon, perhaps in one of the several Second Amendment cases with petitions for certiorari now pending before the Court. "
Amy Hunter, director of media relations at the NRA said the court taking up the cases under consideration "would help correct the lower courts' treatment of the Second Amendment and preserve the fundamental constitutional rights of law-abiding Americans. "
Jacob Charles, the executive director of the Center for Firearms Law at Duke Law School says it seems as though there are "at least" four justices eager to rule on a Second Amendment case, but that is no guarantee the court will make a sweeping ruling the way some conservatives hope.
A New York City law regulated where licensed handgun owners can take a locked and unloaded handgun, but it was changed before the court would rule after supporters of gun regulations feared the justices would take an idiosyncratic state law and use it as a vehicle to expand upon Heller.
"Anybody reading what came out in the New York City case recently and just following the court and its changed makeup would have to say there's a high likelihood they are going to take up a Second Amendment case," said Eric Tirschwell, managing director of the pro-gun control group Everytown Law. Ability to carry firearms outside the home
Five of the 10 cases the court is looking at ask justices to determine whether the Second Amendment allows the government to restrict the ability of citizens to carry a firearm outside the home to those with "good cause" or "justifiable need" to do so.
Two high profile cases on assault-style weapons sit before the justices involving challenges to state laws involving bans on certain semiautomatic firearms and high capacity magazines, one from Illinois and one from Massachusetts.
The plaintiffs in the Massachusetts case, including two firearm dealers and the Gun Owners' Action League, claim that the law is contrary to the decision in Heller, in which Justice Antonin Scalia wrote that Washington, DC's ban on handgun possession in the home "violates the Second Amendment. "