Explore The NRA Universe Of Websites

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: Important Self-Defense Bill Heads to Governor Kasich!

Friday, December 9, 2016

Ohio: Important Self-Defense Bill Heads to Governor Kasich!

Early this morning, Sub. Senate Bill 199, now including original language from Sub. House Bill 48, overwhelmingly passed the House and final concurrence in the Senate, despite the efforts of misguided anti-gun groups.  The bill will ...

Ohio: Contact your State Legislators Today in Support of Important Self-Defense Bill!

Thursday, December 8, 2016

Ohio: Contact your State Legislators Today in Support of Important Self-Defense Bill!

Today, Sub. Senate Bill 199 is expected to receive its final votes; however, anti-gun groups are actively trying to defeat this bill! It is important that you contact your state legislators TODAY and tell them that an ...

California: Bullet Button Guns Must be Purchased and Received by Dec 31st

Wednesday, November 30, 2016

California: Bullet Button Guns Must be Purchased and Received by Dec 31st

Recently the California Department of Justice Bureau of Firearms sent out a notice to California firearms dealers with information regarding the recently passed “assault weapon” legislation, SB880 and AB 1135.

Gun Control Supporters Race to Embarrass Themselves Following OSU Stabbing Attack

News  

Thursday, December 1, 2016

Gun Control Supporters Race to Embarrass Themselves Following OSU Stabbing Attack

Guinness World Records may refuse to acknowledge feats pertaining to the lawful exercise of right to keep and bear arms, but how about a world record for most shameless attempt to politicize tragedy? The competition would ...

Ohio: Pro-Gun Bills Expected for Floor Votes Tomorrow

Tuesday, December 6, 2016

Ohio: Pro-Gun Bills Expected for Floor Votes Tomorrow

Today, both Senate Bill 199 and Sub. House Bill 48 had their final hearings.  Both bills are expected for consideration on the House and Senate floors as early as tomorrow.  Anti-gun groups are pushing misguided ...

News  

Friday, July 1, 2016

California Governor Signs Draconian Gun Control Package into Law

Fairfax, Va.— California Gov. Jerry Brown signed into law on Friday a package of gun bills that were rushed through the state legislature with no regard for proper process. The National Rifle Association Institute for ...

Guide To The Interstate Transportation Of Firearms

Gun Laws  

Thursday, January 1, 2015

Guide To The Interstate Transportation Of Firearms

CAUTION: Federal and state firearms laws are subject to frequent change. This summary is not to be considered as legal advice or a restatement of law.

Hawaii: Firearms Permit Application Fee Increases Due to Implementation of the “Rap Back” System

Monday, December 5, 2016

Hawaii: Firearms Permit Application Fee Increases Due to Implementation of the “Rap Back” System

Today, December 5, 2016, the Honolulu Police Department announced that the firearm permit application fee has increased to $42.00.  This fee increase is one of the first effects of the provisions in Senate Bill 2954 which was signed into ...

Home Defense - Mastering Bushes vs. Bushmasters

News  

Thursday, December 1, 2016

Home Defense - Mastering Bushes vs. Bushmasters

A while back, we wrote about an inane NBC Today Show segment that recommended homeowners rely on car keys and wasp spray to defend themselves against burglars and other home invaders. A former New York ...

DNC Chair Frontrunner Rep. Keith Ellison (D-Minn.) is an Anti-Second Amendment Radical

News  

Thursday, December 1, 2016

DNC Chair Frontrunner Rep. Keith Ellison (D-Minn.) is an Anti-Second Amendment Radical

It appears that those gun rights supporters hoping that the leaders of the Democratic Party would engage in a moment of self-reflection following their historic defeat in the 2016 election may be left wanting. Despite ...

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.