Following Landmark Second Amendment Decision, SCOTUS Overturns Appeals Court Decisions in 4 States

[excalibur]

More good news, more winning.

And I believe that this Court will crash down upon the heads of any state that starts playing fast and free and attempts to get around the Bruen decision.

The Supreme Court followed up its June 23 landmark ruling that for the first time recognized a constitutional right to carry firearms in public for self-defense, by issuing a series of rulings June 30 reversing federal appeals court decisions that upheld gun restrictions in California, New Jersey, Maryland, and Hawaii.

Courts will find it difficult to uphold the firearms laws in question after the high court’s June 30 and June 23 rulings.

In unsigned orders, all four cases were remanded June 30 to lower courts “for further consideration in light of” the Supreme Court’s June 23 decision in New York State Rifle and Pistol Association v. Bruen. In that 6–3 ruling, the high court invalidated New York state’s tough concealed-carry gun permitting system.

...

In the new orders, the Supreme Court summarily disposed of the four pending cases, simultaneously granting appellants’ petitions seeking review while skipping over the oral argument phase. Some lawyers call this process GVR, standing for grant, vacate, and remand.

In the Maryland case, Bianchi v. Frosh, court file 21-902, a coalition of 25 states led by Arizona challenged Maryland’s Firearms Safety Act of 2013. The statute, which was upheld by the U.S. Court of Appeals for the 4th Circuit in September 2021, required pistol purchasers to seek a license, complete safety training, and be fingerprinted. Maryland bans popular weapons such as the AR-15 and similar rifles and limits magazine capacity to 10 rounds.

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Following Landmark Second Amendment Decision, SCOTUS Overturns Appeals Court Decisions in 4 States

The Supreme Court followed up its June 23 landmark ruling that for the first time recognized a constitutional ...

www.theepochtimes.com

 

[Abatis]

More good news, more winning.

And I believe that this Court will crash down upon the heads of any state that starts playing fast and free and attempts to get around the Bruen decision.

Your excerpt of that paywalled article doesn't really explain why those four cases were GVR'd.

The GVR's had nothing to do with NYSRPA v Bruen's general holding invalidating NY's restrictive carry scheme . . . The GVR's were issued because NYSRPA also examined the interpretive doctrine used in many Circuits to decide many challenged gun laws (including the prior 2nd Circuit decision that sustained NY state's restrictive carry law).

After Heller, the Circuit courts developed a SCOTUS ignoring " two-step inquiry"; under this process those lower federal courts first decide if the challenged law burdens / implicates conduct protected by the Second Amendment. If they conclude the law does infringe the RKBA, they proceed to the second step, deciding how severe the infringement is and whether that infringement it is really worth worrying about.

No surprise, that question is always answered the same; NO WORRIES and the court declares the gun control law is absolutely needed for public safety. They then proceed to invent creative ways to explain why the violation of the right must be allowed and they never failed saying the RKBA must yield to the state's interest.

These rehearings (and eventual reversals / invalidations) of these bans should not require any further appeals to SCOTUS, it all happens in the Circuits that screwed the pooch originally -- now forced to abandon the interest balancing / intermediate scrutiny two step and reconsider those laws ONLY applying the "text, informed by history and tradition" of the 2ndA.

These lower courts should decide those cases like they should have been decided ever since Heller and McDonald, declaring those AW and LCM bans invalid / unconstitutional. Of course if they try to continue their errors, those decisions will be appealed to SCOTUS, hopefully these Circuits take the "L" and do what is proper and constitutional.

One other mistake in your excerpt is the reference to the 4th Circuit's Maryland's GVR; Bianchi is not a carry case, it is an assault weapons ban case. The other GVR's are; two cases go back to the 9th Circuit, Hawaii's Young carry restriction and California's Duncan large capacity magazine ban. Last is the 3rd Circuit's NJ Rifle Assoc. case upholding New Jersey's large capacity magazine ban.

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