The Supreme Court: Where gun rights cases go to die. LOL.
The Supreme Court gave the cold shoulder to gun rights on Monday, turning away cases challenging Maryland’s black rifle ban and Florida’s open carry prohibition.
The high court did not elaborate on why it turned away: Kolbe v. Hogan and Norman v. Florida.
Kolbe v. Hogan
The Free State’s Firearms Safety Act of 2013 was enacted shortly after Sandy Hook. It expanded the Maryland’s ban on so-called “assault weapons” and included magazines holding more than 10 rounds.
Gun rights advocates sued, arguing that the ban violated the constitutional rights of law-abiding citizens. The case eventually landed at the door of the 4th Circuit Court of Appeals.
Earlier this year, citing the landmark Heller decision, the Fourth Circuit upheld the ban in a 10-4 decision.
“We are convinced that the banned assault weapons and large-capacity magazines are among those arms that are ‘like’ ‘M-16 rifles’ — ‘weapons that are most useful in military service’ — which the Heller Court singled out as being beyond the Second Amendment’s reach,” wrote Judge Robert B. King, in the majority opinion.
King continued. “Put simply, we have no power to extend Second Amendment protection to the weapons of war that the Heller decision explicitly excluded from such coverage.”
SEE ALSO: SAF Asks Supreme Court to Review Maryland ‘Assault Weapons’ Ban
Gun rights advocates hoped that by appealing it to SCOTUS, the justices would take up the case and set things straight. Well, today we got their answer. It’s a no-go. The Maryland black rifle ban will stand.
“Maryland’s ban on commonly owned firearms and magazines violates our fundamental, individual right to keep and bear arms for self-defense,” said the NRA-ILA in a statement Monday.
“The court’s decision in District of Columbia v. Heller clearly stated that arms in common use for lawful purposes are protected by the Second Amendment and thus cannot be subject to an outright ban,” it continued.
Norman v. Florida
This case involves Dale Norman, a permitted concealed carrier. Norman was nabbed by Fort Pierce police in 2012 because his gun became visible while walking down a sidewalk. That’s right, folks. Openly carrying firearms in the Gunshine state is a crime, with few exceptions.
Norman was convicted of a misdemeanor, appealed the conviction, and followed the appeal process all the way to the Florida Supreme Court.
SEE ALSO: Florida Supreme Court Upholds Open Carry Ban
In a 4-2 decision back in March, the Florida Supreme Court upheld the state’s ban on open carry.
The court reasoned that because the ban on open carry regulates “only one manner of bearing arms,” it “does not impair the exercise of the fundamental right to bear arms.”
In other words, because Florida residents generally have easy access to concealed carry permits, banning open carry does not significantly limit their right Second Amendment rights.
Norman’s attorneys then tried their luck with the Supreme Court. Hoping that the high court would weigh in. Well, it declined. As a result, Florida’s open carry ban will stand.
The Florida Legislature has taken up open carry bills in the recent past. But getting a bill to clear the Senate has proven to be difficult.
Senate Judiciary Chairman Greg Steube (R-Sarasota) told the Orlando Sentinel that although he introduced an open carry bill in 2017, he had no plans to file one for the 2018 legislative session starting in January.
(Jordan Michaels contributed to this article.)
While I don’t support the outcomes of these cases, my read on SCOTUS’ (non) decisions indicates they’re interested in preserving federalism in its original meaning since the state-level decisions are being allowed to stand.
After decades of national-level invasion of individual rights, this is a welcome sign. I only pray I’m understanding the Court’s intentions properly.
In what way are the four lib judges and 1 moderate interested in federalism?
The small upside to this is that SCOTUS did not uphold any of these laws, they simply chose not to take the cases. That leaves them free to take up similar laws in the future, when they may have a better chance of getting a majority to strike them down…or depending on who goes onto the court, uphold them.
What I don’t understand is any court accepting that the 2nd Amendment does not extend to militia grade arms (not just firearms): the 2nd explicitly references the need for a militia, and militia are expected to provide their own weapons. So far as I can see, militia grade weapons are therefor the MOST protected, not the least.
I would further argue that ANY arm which can be used by militia, or serve as a trainer for a proper militia arm, is protected. Air rifles: of course, they serve as training devices. .22 pistols? Yes. Big scary knives? Of course. Deer rifles? Obviously. ANY weapon should be protected, because any weapon may be used either as a training device, substitute for a proper militia weapon, or be a proper militia weapon. Laws which ban arms because they are weapons should all be struck down as prohibited by the Constitution.
Texas passed a law which states that “incidental” or “temporary exposure of a firearm” is not a crime to handle any cases which might be called accidental or which an accuser wants to harass a legal owner.
I had to cut through MD last year while coming back from a NC deer hunt. Had a bolt rifle, an AR, and a suppressor (with my ATF tax-stamp papers) locked up in the back, but coolers strapped on my bumper made it obvious that I was carrying meat. We had to stop near Bethesda for gas and vittles, and I just prayed one of the local or state cops wouldn’t be poking his nose around my vehicle.
“King continued. “Put simply, we have no power to extend Second Amendment protection to the weapons of war that the Heller decision explicitly excluded from such coverage.”
Dangerous, dangerous precedent since the majority of firearms owned by civilians were once used by the military, or are based on military designs.
Mausers are the basis for virtually every bolt action hunting rifle on the market today. Single and double action revolvers were used by the military at one time. Semi-auto pistols are still used today by the military, and trace their design roots to the M1911.
About the only type of firearm never used by any military is a lever action rifle. Even single-shot rifles were once “weapons of war” (trapdoor Springfields).
Even lever-action rifles have seen military use. https://en.wikipedia.org/wiki/Henry_rifle
“It was adopted in small quantities by the Union in the Civil War, favored for its greater firepower than the standard issue carbine.”
1895 Winchester lever actions were sold to the Russian military in 7.62x54R in WW1.
The 1895 also was ordered by the US military for the Spanish American War in 30-40 Krag in both rifle and carbine lengths.
We run the risk of some snowflake seeing an imprint of your weapon and calling the police on you here in Florida. An idiotic situation, at the very least. Try concealed carry in this state in the summer…..it’s akin to trying to steal something in a business and sneaking it our with a hundred eyes following you. I open carry on my property in my neighborhood sometimes so that the neighbors see I am armed and the local police are very nice about it, saying “it’s your private property, you can do what you want on it”.
We here in Kansas are a Constitution carry state. Open or concealed doesn’t matter. Let the left wingers, or anybody for that matter, check the statistics for lunatics running around shooting people. They aren’t there.
It will ALWAYS be the bad guys doing that. I for one will NEVER, I repeat NEVER, leave my house again without my carry. Whether i am driving through a communist run state or not. I will not go out on my knees. The law enforcement community is quickly coming to decision time, whether to back the people and the Constitution, or serve a master bent on tje destruction of our country.
Truly, it is becoming a shit or get off the pot moment for everybody who spouts patriotism, and American rights. “If you don’t stand for something, you don’t stand for anything”.
Maryland is not gun friendly, especially to non-Marylanders. Do not come into Maryland with a firearm unless you are passing through and making no stops. Even then FOPA may not likely be observed by MD LEOs if they stop you and find a firearm during a search either through consent, automobile exception, or they obtain the warrant to conduct a search.
Despite a sitting republican governor, MD will never repeal any of its restrictive gun laws. The liberals control the General Assembly and have no interest in protecting its citizens’ rights.
Ban on open carry Ban are stupid because if criminal robbed some good people.. how good people to stop without a gun but criminal have a gun in hand .. how to stop them from robbed…
Believe it’s the same situation in New Jersey, New York and California.
You’re right – Maryland sucks on it’s best day and the governor doesn’t seem to have what it takes to align us with our civil rights. I’m surprised you can’t own a slave in this backwards rot hole.
And I can tell you why the SCOTUS doesn’t accept these suits – they
let a bunch of law clerks decide what’s accepted. A totally unacceptable failure in their responsibility. Truly a shameful situation.