In Hawaii, following the Supreme Court’s 6-3 ruling striking down the state’s burdensome “vampire” restriction in Wolford v. Lopez, KITV News is reporting that a Honolulu law firm—Davis Levin Livingston—and the Hawaii chapter of Brady United Against Gun Violence are distributing free signs to local businesses which read “Guns Not Allowed.” The Wolford ruling said Hawaii’s requirement that licensed law-abiding armed citizens needed to get express permission to be armed on private property which is open to the public is unconstitutional.
The KITV report quoted one businessman stating this is “unfair to the business owners.” Brady and the law firm are essentially making businesses take sides in a fight that has already been settled. The story might have been fine except for the last line, which advises viewers: “If you are interested in obtaining one of the signs, email gunsafety@davislevin.com.”
Anti-gunners lost in Hawaii, but they’re definitely not giving up in their stubborn efforts to discourage legally-armed citizens from entering business establishments.
A Biden Appointee Delivers a Landmark 2A Victory
Back on the mainland, in the wake of the Third Circuit Court’s 10-5 ruling in Cheeseman striking down New Jersey’s longtime ban on so-called “assault weapons” and “large-capacity magazines,” a subtle but significant bit of press bias seems to be surfacing.
In only a very few reports has the author of the majority opinion, Circuit Judge Arianna Julia Freeman, been identified, especially as a Joe Biden appointee. In one report, she was identified only by her last name. Other reports, notably at NJ.com and Politico, the attention was paid to the concurring opinion authored by Judge Paul Matey, whom both news agencies made a point of identifying as a Donald Trump appointee.
To its credit, The Hill identified Judge Freeman as a Biden appointee, and so did TheGunMag.com in its breaking news report last Friday.
Why is this important?
Federal judicial appointments almost always reflect the political philosophies of the president making those nominations. For a Biden appointee to author such a pro-Second Amendment opinion is unusual and extremely significant, while it cannot be surprising for a Trump-appointed judge to weigh in on the correct side of the 2A argument.
The Third Circuit ruling reinforces the notion that the Supreme Court’s 2022 Bruen ruling is having a major impact on the way lower courts are having to decide Second Amendment cases.
As noted in his YouTube video detailing the New Jersey decision, attorney William Kirk, president of Washington Gun Law, put it bluntly: “This case is absolutely littered with good rules of law that systematically picks apart all of the arguments that the civilian disarmament regimes have been arguing for years now which have been working in some courts to uphold these otherwise unconstitutional bans.”
In his concurring opinion, Judge Matey was also blunt, observing that the majority opinion should derail the Garden State’s “repeated and relentless assault on the Second Amendment.”
New Jersey Refuses to Accept the Court’s Message
Resistance to pro-2A rulings isn’t confined to Hawaii, as amplified by New Jersey state Attorney General Jennifer Davenport, who declared the Third Circuit opinion “invalidating New Jersey’s careful laws restricting the AR-15 and large capacity magazines is as unfortunate as it is legally incorrect.” She doesn’t elaborate on why or how the court majority is wrong and she is right. However, as noted by NJ.com, she did say this:
“Every other federal circuit court to consider the issue has come out the other way. Assault weapons and large capacity magazines play a dangerous role in the modern epidemic of mass shootings, and New Jersey acted reasonably and lawfully in restricting them.”
Supreme Court Rifle-Ban Showdown Looms
Whether the Third Circuit ruling is right or wrong will likely be settled by this time next year, after the Supreme Court hands down a decision on the two semi-auto ban cases it will be hearing in the fall term, challenging bans in Connecticut and Cook County, Illinois.
However, the reports from Hawaii and New Jersey underscore what could be described as the bitter resentment and resistance from gun control proponents when they lose, which has happened consistently at the Supreme Court since 2008. It signals the battle to fully restore the Second Amendment’s protection of a right that “shall not be infringed” will not end even when the high court hammers down on gun and magazine bans.
There will be other issues to address, including—but not limited to—such impairments as:
- Permits to Purchase
- Waiting Periods
- Training Mandates
- Constitutional (Permitless) Carry
- National Reciprocity
The legal roller coaster ride is definitely far from over.
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About Dave Workman
Dave Workman is a senior editor at TheGunMag.com and Liberty Park Press, author of multiple books on the Right to Keep & Bear Arms, and formerly an NRA-certified firearms instructor.
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