Tuesday, July 5, 2022

SCOTUS Vacates ‘Assault Weapons’ Ban, ‘High Capacity’ Mag Ban; U.S. Supreme Court Throws Out Rulings Upholding Gun Restrictions

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SCOTUS Vacates ‘Assault Weapons’ Ban, ‘High Capacity’ Mag Ban:
The Supreme Court of the United States (SCOTUS) vacated and remanded a number of cases centered on an “assault weapons” ban in Maryland, a “high capacity” magazine ban in California, and carry restrictions in Hawaii.
Among the cases are Bianchi v. Frosh, challenging Maryland’s “assault weapons” ban; Young v. Hawaii, which deals with carry restrictions in Hawaii; and Duncan v. Bonta, which challenges California’s “high capacity” mag ban.
A challenge to New Jersey’s “high capacity” ban was also among the cases vacated and remanded.
Bloomberg Law noted that in remanding the cases Justice Clarence Thomas wrote, “While that judicial deference to legislative interest balancing is understandable—and, elsewhere, appropriate—it is not deference that the Constitution demands here.”
SCOTUS vacated the rulings and asked lower courts to revisit the cases in light of the June 23, 2022, NYSRPA v. Bruen ruling. --->READ MORE HERE
 REUTERS/Bing Guan/File Photo
U.S. Supreme Court throws out rulings upholding gun restrictions:
On the heels of last week's landmark ruling expanding individual gun rights, the U.S. Supreme Court on Thursday threw out several lower court rulings that had upheld gun restrictions including bans on assault-style rifles in Maryland and large-capacity ammunition magazines in New Jersey and California.
The actions by the justices sent these cases back to lower courts to reconsider in light of their June 23 ruling that declared for the first time a constitutional right to carry a handgun in public for self defense. read more
Last week's 6-3 ruling, with the conservative justices in the majority and liberal justices in dissent, struck down New York state's limits on carrying concealed handguns outside the home. The court found that the law, enacted in 1913, violated a person's right to "keep and bear arms" under the Second Amendment.
The ruling also clarified how courts must now assess whether regulations are valid under the U.S. Constitution's Second Amendment, requiring them to be comparable with restrictions traditionally adopted throughout U.S. history. Legal experts say - and gun control advocates fear - such a standard could lead courts to invalidate more gun restrictions nationwide.
The justices' actions on Thursday mean that lower courts that allowed gun restrictions will have to reconsider decisions --->READ MORE HERE
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