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2nd Amendment – SCOTUS Leaves Gun Control in Place for Later Fight

 In 2nd Amendment

The fight over the 2nd Amendment isn’t over by a long shot, but the Supreme Court yesterday declined to hear a challenge to Maryland’s restrictive gun laws with regard to “weapons of war,” and a case in Florida over open carry. The SCOTUS has “sidestepped” the debate over gun control for about 7 years, but this may have more to do with strategy than refusal to hear the cases.

The media and the left’s use of the term “Assault Weapons” 

“Assault weapons, which have resulted in the slaughter of hundreds of people in recent months, are not protected by the Second Amendment. The Firearm Safety Act remains the law in Maryland.” Brian Frosh, Maryland Attorney General

Maryland in particular has bans on certain types of commonly used firearms- AR and AK platforms. The lower court ruling in that state said that since those types of weapons were “weapons of war” and of the same type used by mass shooters, they were not covered by the 2nd Amendment. The liberals are screaming victory over this latest SCOTUS move.

“Maryland’s ban on commonly owned firearms and magazines violates our fundamental, individual right to keep and bear arms for self-defense. 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. We will continue fighting to ensure that the Second Amendment freedoms of law-abiding Americans are respected in the courts.” NRA statement

Open Carry

The other case declined by the SCOTUS was over Dale Norman, a Florida man who was arrested and fined for “brandishing” his firearm. Mr. Norman was a legal concealed carry permit holder, but his gun had become unconcealed. The word “brandishing”  is defined as “waving or flourishing” a weapon in anger or in a threatening manner, so it is unclear how he was arrested for that charge.

Florida Carry reported,

“Florida law provides for licenses to carry handguns concealed, but prohibits carrying firearms openly. Petitioner, who had such license, was convicted of openly carrying a firearm on a public street. The majority of the Florida Supreme Court upheld the ban under intermediate scrutiny based on conjecture by counsel about why the legislature may have banned open carry. 
The issue is whether a prohibition on peaceably and openly carrying a lawfully-owned handgun infringes on “the right of the people to . . . bear arms” protected by the Second Amendment to the United States Constitution…”

Strategic?

The SCOTUS decision leaves these gun control decisions in place and liberals are rejoicing. But was it strategic on the part of the pro-2A members of  the court? With rumors of justice retirements in the offing, at least some feel that the Conservatives are waiting to see if those retirements will occur during the Trump administration. If that happens, the Conservative majority may deepen on the court.

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