In the landmark 2008 Heller case, the Supreme Court held that gun ownership was an individual right.
But that has not stopped local governments from banning certain types of firearms.
So conservatives challenged so-called “assault rifle” bans in New York and Connecticut, but were stunned when the Supreme Court handed down their ruling.
The nation’s highest court refused to hear the case and not review a lower-court ruling, leaving the state bans in place.
The Washington Post reports:
Like other laws, Connecticut’s ban includes semiautomatic guns and high-capacity magazines, covers popular weapons such as AR-15s and AK-47s, and names more than 180 weapons that cannot be sold.
But the individuals and organizations challenging the law said the state is an “outlier” in banning weapons that are popular and protected in the rest of the country.
“In truth, the odd assortment of firearms Connecticut calls ‘assault weapons’ are mechanically identical to any other semiautomatic firearm — arms that, as no one disputes, are exceedingly common and fully protected by the Second Amendment,” the challengers said in their petition to the court.
Gun rights advocates have urged the court to review such bans, saying that they violate the court’s 2008 decision in District of Columbia v. Heller, which said individuals have a right to gun ownership for self-protection.
The Supreme Court may have also refused to hear the case because there are only eight Justices, leaving the possibility of 4-4 decision.
A 4-4 ruling would mean the case gets returned to the lower court, but not carry the weight of precedent.
This ruling underscores the importance of the Presidential election.
Either Hillary Clinton or Donald Trump will appoint the next Justice who will be the deciding vote on issues like the Second Amendment.
Hillary Clinton has already declared she will appoint Supreme Court Justices who will attack gun rights.
The Washington Free Beacon reports:
“I was proud when my husband took [the National Rifle Association] on, and we were able to ban assault weapons, but he had to put a sunset on so 10 years later. Of course [President George W.] Bush wouldn’t agree to reinstate them,” said Clinton.
“We’ve got to go after this,” Clinton continued. “And here again, the Supreme Court is wrong on the Second Amendment. And I am going to make that case every chance I get.”
Trump has stated that Hillary is the most anti-gun candidate in American history and that her plan is to eliminate the Second Amendment.
The Washington Examiner reports on Trump’s speech to the NRA conference:
Mr. Trump said “it could even be five” judges that the next president will nominate for the high court.
“If she gets to appoint her judges, she will as part of it abolish the Second Amendment,” he said.
Let us know who you prefer to appoint the next Supreme Court Justice in the comment section.