Recently, the Supreme Court made a significant move by refusing to hear any new Second Amendment cases, leaving many gun rights advocates wondering about the implications. Here’s a breakdown of what happened and what it means for the future of Second Amendment litigations, based on Mark Smith’s analysis from Four Boxes Diner.
Supreme Court’s Recent Decisions
The Supreme Court issued an “Order List” denying hearings on all cases that could be impacted by the recent Rahimi ruling regarding prohibited persons and sending back all the 922(g) cases to lower courts for further consideration. While this may seem like a setback, Smith believes it’s not necessarily bad news. He highlights that these decisions are part of a larger strategy by the Court.
Understanding the 922(g) Cases
The 922(g) cases involve individuals prohibited from possessing firearms due to factors like illegal drug use or felony convictions. The Supreme Court’s decision in Rahimi played a crucial role here. The Court vacated the lower court orders and sent them back for reconsideration in light of Rahimi. This decision emphasized the importance of assessing whether someone is a violent danger before disarming them rather than a blanket prohibition based on past felonies or other factors.
Strategic Implications
Smith points out that while the 922(g) cases are important, they might not be the best cases to push forward for the Second Amendment community right now. The reason is strategic: cases involving non-violent individuals with clean records are more likely to gain sympathy and favorable rulings compared to those involving convicted criminals or drug users.
Semi-Automatic Rifle Ban Cases
The denial to hear the semi-automatic rifle ban cases from Illinois was expected by Smith. He explains that these cases were interlocutory, meaning they hadn’t reached a final judgment. The Supreme Court prefers to make decisions based on complete records, avoiding premature rulings. Smith also mentions the lack of a circuit split on this issue as another reason for the Court’s decision.
Future Second Amendment Cases
Looking ahead, Smith predicts that there will be significant Second Amendment cases in the 2024-2025 term. One likely candidate is a case, which deals with the rights of 18-20-year-olds to acquire firearms from licensed dealers. This case could force the Supreme Court to address whether young adults have full Second Amendment rights.
More to Come!
While the recent Supreme Court decisions might seem like a pause in Second Amendment progress, Smith reassures that it’s part of a broader, strategic approach. The focus remains on building strong cases with sympathetic plaintiffs to secure favorable rulings in the long run. Stay tuned for more developments as the fight for gun rights continues.
For a more detailed analysis, you can watch Mark Smith’s video on this topic and check out his book “Israel Disarmed” for insights into Second Amendment issues.
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