Explore The NRA Universe Of Websites

U.S. Supreme Court (Finally) Takes Another Second Amendment Challenge to a Gun Control Law

Friday, January 25, 2019

U.S. Supreme Court (Finally) Takes Another Second Amendment Challenge to a Gun Control Law

This week, the U.S. Supreme Court agreed to hear a Second Amendment challenge to a gun control law for the first time in nearly 10 years. Arguments in the case will likely be heard during the court’s next term, which starts in October.

During the opening decade of the 21st Century, the U.S. Supreme Court issued two landmark rulings that many hoped would revitalize the Second Amendment, which had been all but read out of the Constitution by activist lower judges that favored banning or heavily restricting firearms.

District of Columbia v. Heller (2008) and McDonald v. City of Chicago (2010) made abundantly clear that the Second Amendment is a fundamental civil right and should be respected as such by the nation’s courts and public officials.

That did not happen.

Instead, the rulings seemed mainly to energize the resistance to the right to keep and bear arms both within and without the judicial system.

Billionaires turned social engineers – most notably Michael Bloomberg – created a new industry around more sophisticated and organized anti-gun efforts.

Elite universities created research departments entirely devoted to engineering empirical support for gun control and rewriting American history as it pertains the Second Amendment and gun ownership.

The same judges with their same lifetime appointments who refused to acknowledge the obvious import of the Second Amendment’s history and text refused to acknowledge the obvious import of the Heller and McDonald opinions.

And one lower court decision after another upheld the most sweeping and oppressive forms of gun control, including bans on America’s most popular rifles, bans on magazines used for self-defense, bans on dealer sales of handguns to military-aged adults, mandatory handgun licensing fees of $340, discretionary licensing for the carrying of firearms, lengthy waiting periods to acquire guns, and infeasible manufacturing requirements that effectively ban new models of handguns.

Throughout it all, the high court seemed to have turned its back on the Second Amendment, refusing review in case after case. This sometimes provoked impassioned dissents from justices who believed the Second Amendment was being treated as a “disfavored right” and a “constitutional orphan.”

Only once in all this time did the U.S. Supreme Court revisit the Second Amendment in an unsigned opinion that summarily reversed, without argument, a Massachusetts Supreme Judicial Court opinion that upheld the state’s ban on electrically-powered “stun guns.”

That changed on Tuesday when the high court granted review to the NRA-backed case of New York State Rifle & Pistol Association v. City of New York. This case concerns a challenge under the Second Amendment and other constitutional provisions to New York City regulations that effectively ban law-abiding handgun owners from traveling outside the city with their own secured and unloaded handguns.

The bizarre and unique nature of this regulation – apparently the only one of its kind in the nation – and the exceedingly thin “public safety” justification for it potentially make the case low-hanging fruit for another positive Second Amendment ruling.

But whether the Supreme Court will use the occasion to bring lower court defiance of the Second Amendment to heel or simply to rule narrowly on this particular regulation remains to be seen.

The development does, however, underscore the importance to gun owners of President Trump’s appointments to the high court, including Justices Neil Gorsuch and Brett Kavanaugh.

The latter replaced Justice Anthony Kennedy, who was considered the crucial swing vote in the Heller and McDonald cases. Yet Kennedy’s sustained commitment to a robust Second Amendment was always in question, leading to speculation that neither the court’s pro- or anti-gun blocs had the confidence to take another case.

Unlike Kennedy, however, Justices Gorsuch and Kavanaugh are committed originalists, the same mode of judicial interpretation that the late Justice Antonin Scalia used in authoring the Heller opinion. Fidelity to that method and to the court’s opinions in Heller and McDonald are the surest guarantees we can have that the Second Amendment will get the respect it is due by the U.S. Supreme Court.

Left-leaning pundits are already issuing hysterical predictions about what this development means for gun control in the United States.

May they be right and then some.

The more sober and mature outlook, however, is a wait-and-see attitude, along with a healthy appreciation of how President Trump’s appointments to the court may finally reenergize a Second Amendment that has been neglected for too long.

Those appointments would not have happened without the steadfast work of NRA members who understand the importance of the U.S. Supreme Court as the final backstop against infringements of our Second Amendment rights. We may now be on the threshold of realizing the fruits of that labor.

TRENDING NOW
Massachusetts: Progressives Pass Radical Gun Control Bill

Friday, July 19, 2024

Massachusetts: Progressives Pass Radical Gun Control Bill

Progressive politicians in Massachusetts just passed one of the most extreme gun control bills in the country.

Trump’s Running Mate, JD Vance, is a True Second Amendment Champion

News  

Monday, July 22, 2024

Trump’s Running Mate, JD Vance, is a True Second Amendment Champion

Last week, Sen. JD Vance (R-OH), accepted the Republican party’s nomination for vice president at the Republican National Convention in Milwaukee, WI.

Massachusetts: Senate Passes Sweeping Gun Control Without Public Hearing

Friday, February 2, 2024

Massachusetts: Senate Passes Sweeping Gun Control Without Public Hearing

On Thursday, February 1st, the Senate passed S.2572 late in the night without the bill ever receiving a public hearing, ignoring the concerns of Minority Leader Bruce Tarr and second amendment advocates across the state. 

NRA Scores Legal Victory Against ATF; “Pistol Brace Rule” Enjoined From Going Into Effect Against NRA Members

Monday, April 1, 2024

NRA Scores Legal Victory Against ATF; “Pistol Brace Rule” Enjoined From Going Into Effect Against NRA Members

NRA Members Among the Largest Class Protected from Draconian Rule

NRA Files Lawsuit Challenging ATF’s “Engaged in the Business” Rule

News  

Second Amendment  

Monday, July 22, 2024

NRA Files Lawsuit Challenging ATF’s “Engaged in the Business” Rule

The National Rifle Association of America (NRA) has filed a lawsuit challenging the Bureau of Alcohol, Tobacco, Firearms and Explosives’ (ATF) “Engaged in the Business” Final Rule. The ATF’s Final Rule unlawfully redefines when a person ...

Appeals Court: 21+ Age Requirement for Carry Permits is Unconstitutional

News  

Monday, July 22, 2024

Appeals Court: 21+ Age Requirement for Carry Permits is Unconstitutional

In another Bruen-based invalidation of a gun law, a federal appeals court has struck a Minnesota law that prohibits 18 to 20-year-olds from being eligible for a carry permit, declaring the law to be invalid and ...

Third Circuit Affirms Denial of Preliminary Injunction in NRA-ILA-Supported Challenge to Delaware’s ban on “assault weapons” and “large-capacity magazines.”

Tuesday, July 16, 2024

Third Circuit Affirms Denial of Preliminary Injunction in NRA-ILA-Supported Challenge to Delaware’s ban on “assault weapons” and “large-capacity magazines.”

On Monday, July 15, the Third Circuit Court of Appeals affirmed the district court’s denial of a preliminary injunction in Delaware State Sportsmen’s Association v. Delaware Department of Safety & Homeland Security, NRA-ILA’s lawsuit challenging ...

Massachusetts: Gov. Healey Signs Radical Gun Control Into Law

Thursday, July 25, 2024

Massachusetts: Gov. Healey Signs Radical Gun Control Into Law

On Thursday, July 25th, Governor Maura Healey (D) signed H. 4885, "an act modernizing firearm laws," one of the most extreme gun control bills in the country, into law.

District Court Denies Preliminary Injunction in NRA’s Challenge to New Mexico’s 7-Day Waiting Period Law

Tuesday, July 23, 2024

District Court Denies Preliminary Injunction in NRA’s Challenge to New Mexico’s 7-Day Waiting Period Law

Yesterday, in Ortega v. Grisham, the U.S. District Court for the District of New Mexico denied the plaintiffs’ motion for a temporary restraining order and preliminary injunction against New Mexico’s law requiring individuals to wait 7 ...

VA Tells Congressional Panel it “Could Not” and “Would Not” Comply with Pro-gun Legislation

News  

Monday, July 15, 2024

VA Tells Congressional Panel it “Could Not” and “Would Not” Comply with Pro-gun Legislation

Last Wednesday, the Subcommittee on Disability Assistance and Memorial Affairs of the House Veterans Affairs Committee held a legislative hearing on a number of proposed bills that would change various procedures and standards for how the Department ...

MORE TRENDING +
LESS TRENDING -

More Like This From Around The NRA

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.