NRA Explore
APPEARS IN Legal & Legislation

California: U.S. Supreme Court Declines to Review Two Second Amendment Cases

Thursday, February 27, 2014

On Monday, the United States Supreme Court declined to review two NRA cases raising Second Amendment issues, NRA v. BATFE and NRA v. McCraw, both of which concerned the Second Amendment rights of law-abiding adults between the ages of 18 and 21. 

 

The NRA v. BATFE case asked the Court to determine the constitutionality of the federal law prohibiting handgun sales by licensed dealers to adults 18-21 years old. The law effectively creates a nationwide, categorical ban on young adults’ access to what the Court has previously described as “the quintessential self-defense weapon.” The NRA’s McCraw case asked the Court to consider the validity of Texas’s prohibition on adults 18-21 years old publicly carrying licensed firearms. The High Court’s refusal to hear these cases unfortunately leaves in place the lower courts’ opinions upholding the bans.

 

Despite requests by the NRA for the Supreme Court to review Second Amendment cases over the years, the High Court has ruled on Second Amendment issues only twice in recent history. The first case was 2008's Heller v. District of Columbia, which confirmed that the right to keep and bear arms is an individual right and struck down the District’s ban on the possession of handguns in the home. The second, McDonald v. City of Chicago, the Supreme Court made clear that the right it recognized in Heller protects against infringement by local and state governments as well as the federal government.

 

Since those decisions came down there has been a lot of litigation challenging state and local gun control laws across the country, including many NRA-sponsored cases. Many lower courts have done everything possible to minimize and limit the impact of the Heller and McDonald decisions, practically thumbing their noses at Heller and daring the Supreme Court to clarify some outstanding issues. Cases from around the country have been jockeying for position to get another Second Amendment ruling from the High Court, but so far the Supreme Court has turned them all down.  

There are also several other NRA-supported cases that may be petitioned to the Supreme Court in the near future, including challenges to the Connecticut, New York, and Colorado gun bans passed last year and several cases in California.

 

In a tremendous recent victory, the Ninth Circuit Court of Appeals ruled in Peruta v. County of San Diego that there is a fundamental right to bear arms outside the home for self-defense  and struck down San Diego, California’s restrictive scheme for issuing licenses to carry in public.

 

San Diego County Sheriff Gore has announced that he will not seek either rehearing by an en banc panel of the Ninth Circuit or Supreme Court review of the Peruta decision. But the Ninth Circuit could decide to rehear the case on its own accord. If the Ninth Circuit reverses the Peruta decision, the plaintiffs will ask the Supreme Court to review that decision. We will better know the chances of that happening within the next month. So stay tuned.

Two other NRA-supported California cases that may also be on track for Supreme Court review were argued and submitted to the Ninth Circuit in October, and a decision is due any day.  Mckay v. Hutchens challenges the Orange County California Sheriff’s refusal to issue licenses to carry absent a showing of special need. And Jackson v. San Francisco challenges San Francisco’s ordinances requiring that handguns be locked away within the home and prohibiting the sale of self-defense (hollow-point) ammunition. In the various petitions that have come before the Supreme Court since Heller and McDonald, the Court has yet to be faced with a case like Jackson, which is very similar to the facts of the Heller and McDonald cases.

                                   

With so many requests concerning Second Amendment issues piling up in the Supreme Court, something has to give. Some speculate that the Court may be waiting to settle a particular question that it has not seen in any of the petitions for review so far. But whether that is the case, and what that question might be, is pure conjecture. What is certain is that the Supreme Court will continue to be asked to resolve Second Amendment questions, and the NRA will continue to fight to make that happen.  

 

 

HELP US FIGHT FOR YOUR SECOND AMENDMENT RIGHTS

To assist in the legal fight against attacks on gun owners’ rights and to help reach the U.S. Supreme Court in these and other cases, please donate to the NRA Legal Action Project today.

 

Second Amendment supporters should be careful about supporting litigation efforts promised by other individuals and groups without access to the necessary funding, relationships, firearm experts, and experienced lawyers on the NRA’s national legal team. The NRA’s team of highly regarded civil rights attorneys and scholars has the resources, skill, and expertise to maximize the potential for victory.  

TRENDING NOW
Ohio: NICS Compliant Standard Now Recognized for All Valid Ohio Concealed Handgun License Holders

Thursday, May 26, 2016

Ohio: NICS Compliant Standard Now Recognized for All Valid Ohio Concealed Handgun License Holders

Yesterday, Attorney General Mike DeWine announced that Ohioans who possess a valid concealed handgun license no longer have to submit themselves to additional background checks when purchasing firearms.  The Bureau of Alcohol, Tobacco, Firearms and ...

North Carolina: Right to Hunt and Fish Legislation Introduced

Thursday, May 26, 2016

North Carolina: Right to Hunt and Fish Legislation Introduced

Yesterday, Senate Bill 889 was introduced in the North Carolina state senate.  S889 seeks to amend the North Carolina Constitution to affirm that it is a right of the public to hunt, fish and harvest ...

Sen. Schumer Introduces Gun Control Bill After Brady Campaign Tantrum

Friday, May 20, 2016

Sen. Schumer Introduces Gun Control Bill After Brady Campaign Tantrum

For the past several months, Brady Campaign President Dan Gross has been repeatedly telling anyone who will listen that support for gun control is at a “tipping point.” Gross’ theory suffered a blow this week as the Brady Campaign ...

California: Anti-Gun Bills Sent to Assembly Suspense File Scheduled to be Heard Tomorrow, May 27

Thursday, May 26, 2016

California: Anti-Gun Bills Sent to Assembly Suspense File Scheduled to be Heard Tomorrow, May 27

On Friday May 27, the state Assembly Committee on Appropriations is scheduled to hear all the bills sent to the suspense file.  There are five anti-gun bills that greatly impact gun owners, sportsmen, and Second ...

Outrage of the Week: Illinois Sen. Dick Durbin Blocks Efforts to Restore Rights to Veterans

Friday, May 20, 2016

Outrage of the Week: Illinois Sen. Dick Durbin Blocks Efforts to Restore Rights to Veterans

We have long reported on the Department of Veterans Affairs’ (VA) scandalous practice of reporting to the FBI’s National Instant Criminal Background Check System (NICS)  any VA beneficiary who has had a “fiduciary” appointed to help the individual ...

West Virginia: Permitless Carry Went Into Effect on May 24!

Tuesday, May 24, 2016

West Virginia: Permitless Carry Went Into Effect on May 24!

On May 24, the provisions of House Bill 4145, West Virginia’s permitless/constitutional carry legislation, take effect.  Please refer to NRA-ILA’s HB 4145 Fact Sheet for important information on this monumental pro-gun reform.

California: Assembly Appropriations Committee Sends Several Anti-Guns Bills to the Assembly Floor

Friday, May 27, 2016

California: Assembly Appropriations Committee Sends Several Anti-Guns Bills to the Assembly Floor

On Friday, May 27, the state Assembly Committee on Appropriations passed four of the five anti-gun bills on a party-line vote. AB 1664, AB 1673, AB 1674 and AB 1695 will now join AB 2607  for ...

Political Report | Media Ignore Facts In Dismissing NRA’s Concerns About Supreme Court Nominee

News  

Wednesday, May 25, 2016

Political Report | Media Ignore Facts In Dismissing NRA’s Concerns About Supreme Court Nominee

When it comes to issues that gun owners care about, media seem to compete for the most outrageous claims. It should come as no surprise, therefore, that while readership of traditional newspapers and trust in ...

South Carolina: Time Running Out for South Carolina Right-to-Carry Recognition

Thursday, May 26, 2016

South Carolina: Time Running Out for South Carolina Right-to-Carry Recognition

The South Carolina Senate is set to adjourn next week, so there is little time left to act on  H. 3799.  While the bill is on the Special Order calendar, anti-gun state Senator Marlon Kimpson (D-42) is leading the charge ...

Maryland: Governor Hogan Signs Pro-Gun Bill into Law

Friday, May 20, 2016

Maryland: Governor Hogan Signs Pro-Gun Bill into Law

Yesterday, Maryland Governor Larry Hogan signed House Bill 312 into law.

MORE TRENDING +
LESS TRENDING -
NRA ILA

Established in 1975, the Institute for Legislative Action (ILA) is the "lobbying" arm of the National Rifle Association of America. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution.