Law Legal An Update on Challenges to State Assault Weapon and Magazine Bans

[USMC06RET]

An Update on Challenges to State Assault Weapon and Magazine Bans​

 

[Ro-bo]

It's a convenient table showing all the active cases in the lower courts which Kavanaugh thinks should be exhausted (a dubious concept considering how hastily the SC will act on other controversies). Considering some of those cases are over a decade old now, and some have been revisited post-Bruen only to have the new standard ignored or completely misapplied, I think AWB/mag bans are plenty ripe for consideration. Add to that the fact that many of these laws, our state in particular, are approaching half century status, there's just no excuse to keep kicking this can down the road.

The one caveat to that is Thomas is our only solid ally, given his lone dissent in Rahimi and the mental gymnastics to write it. The other "conservative" justices are all potential wobblers. I'm a bit skeptical that a solid AWB/mag case will result in a broadly favorable decision at the moment. That said, this is about the best we're going to get so if this doesn't happen within the next few sessions, states on the precipice will take the high court's silence as a green light to add to the pile of laws to be challenged.

 

[Dvrjon]

Re: Duncan. CRPA issued notice of extension until August 18.

CRPA’s Duncan filing in the Supreme Court just got slightly longer. At our request, the Court granted a 30-day extension on the deadline to file our petition for a writ of certiorari until August 18.

The delay is essential. Pro-2A groups and government agencies nationwide are intensely interested in the case and willing to support it. CRPA’s lawyers are working with the Second Amendment Law Center and others to coordinate an overwhelming campaign of support from all the pro-2A advocacy groups, multiple state attorneys general, and even the Trump administration.

The more groups and governments that support CRPA’s request that the Supreme Court take the case, the more likely the Court will take it. But we need that additional time to lock in these supporters, and they need the time to prepare their own legal “amicus” briefs supporting our request.

"This case represents the next great hope for clarifying the Bruen test and protecting our Second Amendment rights. So all eyes are on it," CRPA President Chuck Michel explains. “This is a great opportunity to galvanize that attention into a powerful coalition behind a well-reasoned case that allows the Supreme Court to stop the games that biased lower courts are playing while they misapply the Bruen methodology."

They are building an group of other 2A support activities to file as Amici to the SCOTUS on this issue. However, the amici have only 7 days after CRPA files for cert to submit briefs. This extension will allow the coalition to form and develop briefs incorporating new outcomes of recent SCOTUS and 9th CA rulings.