SCOTUS and Assault Weapon Bans

Constitutionality of Assault Weapon Bans

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Bernard -- We have previously alerted you that the Supreme Court of the United States (SCOTUS) has been petitioned for a Writ of Certiorari regarding the "assault weapons ban" (AWB) that has had a final decision rendered in the 4th Circuit case of Bianchi/Snope v Brown. That case regards whether an AWB is constitutional or not, and beyond all major pro-firearm groups petitioning the court to grant Certiorari, 29 states have also joined together to request that SCOTUS review the 4th Circuit's faulty decision. In response to the petition, Maryland asked for a 30-day extension to respond, which was granted.  They then requested ANOTHER 30-day extension, which, if granted, would have meant that SCOTUS would likely NOT have the time to hear the case this session - meaning there would likely be no decision until 2026. Fortunately:  SCOTUS denied the second request for a 30-day extension, which means that in either December or January, SCOTUS will be conferencing the Bianchi/Snope v Brown case, with a grant of Certiorari being almost certain. That would mean that by May or June we will likely have a final decision from SCOTUS on the constitutionality of banning firearms like the AR-15. In the meantime, you may have heard about other AWB challenges, like those coming out of Illinois.  Several of those challenges were combined into a single case, now referred to as Harrel v Raoul, which is currently being heard in the 7th Circuit.   In response to the 7th Circuit's denial of a Preliminary Injunction in that case, an appeal was made to SCOTUS to intervene, which SCOTUS denied, as SCOTUS does not typically intervene in a case is still active in an inferior court. While the appeal was denied, Justice Thomas wrote a brief 3-page statement regarding the case which you should read, it is here. Forget about reading the tea leaves:  Justice Thomas makes his position on AWBs pretty clear in his statement, and we believe that there are at least 4 other Justices that feel as he does. The days of AWBs are numbered, just like bans on standard capacity magazines and waiting periods. We will continue fighting, and your continued financial support is appreciated and critically needed.  If you are inclined to help us financially with this fight, please visit our Donation page. Be Safe; God Bless America, and please forward to like-minded family and friends! Yours in Freedom and Liberty - Vermont Federation of Sportsmen's Clubs https://www.vtfsc.com/ VT Federation of Sportsmen's Clubs · 454 S Main St, Northfield, VT 05663, United States This email was sent to sportsmanscluboffranklincounty.clubnews@blogger.com. To stop receiving emails, click here. You can also keep up with Vermont Federation of Sportsmen's Clubs on Facebook. Created with NationBuilder, software for leaders.

4th Circuit Decision in Snope v Brown

Request for Cert Now Before SCOTUS

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Bernard -- In 2013, the State of Maryland enacted the Firearms Safety Act, with the key portion of that Act establishing a general prohibition on the sale and possession of certain military-style "assault weapons," a list which included the AR-15. In 2020, this Act was challenged in a case known as Bianchi v Brown (now known as Snope v Brown) in the District Court of Maryland.  Eventually, this case was appealed to the 4th Circuit, which gave their final ruling on the case on August 6th, with their decision being that the ban *WAS* constitutional.  If you care to read the convoluted illogic they used to bypass both Heller and Bruen, you can read their final decision here. While the bad news is that this ruling is not good for us in the very short term, the good news is that is GREAT for us near term and beyond. As you are likely aware, there have been several appeals to SCOTUS arising from court cases across the country regarding challenges to firearms laws and bans - but because all those cases were still in the process of trial (i.e. they were interlocutory) – SCOTUS denied stepping in.  That is because SCOTUS does not typically want to "step into" cases that are active in a lower court; they typically only step in when a Circuit Court makes a final decision that is then appealed, but even then, they do so at their own discretion. On August 21, a petition for a Writ of Certiorari (i.e. a request that SCOTUS review the 4th Circuit's decision in Snope v Brown) was presented to SCOTUS, with this case being exceptionally "ripe" for SCOTUS to consider hearing it as it is the first case to be finalized, along with the fact that the 4th Circuit rather studiously ignored both Heller and Bruen. Along with several other organizations requesting that SCOTUS grant Certiorari – there is a petition from 29 states that are requesting that as well.  All things considered it is a short read, and you'll smile as you read it. Now:  There is no guarantee that SCOTUS will be moved to grant review of Snope v Brown, but given just how many lower courts are still not understanding the Heller decision, even with the clarification provided by Bruen, we believe SCOTUS *WILL* grant Certiorari. If they do:  They will review the case this fall (just in time for the next legislative session) and there can only be one outcome, with that outcome being what we have been saying all along.  Bans on Semi-Automatic rifles (and by extension high-capacity magazines) – especially rifles which are undoubtedly "in common use" by law-abiding citizens for lawful purposes – will be found unconstitutional. If you would like more information on this case, check the SCOTUS docket  here. We will continue fighting, and your continued financial support is appreciated and critically needed.  If you are inclined to help us financially with this fight, please visit our Donation page. Be Safe; God Bless America, and please forward to like-minded friends! Yours in Freedom and Liberty - Vermont Federation of Sportsmen's Clubs https://www.vtfsc.com/ VT Federation of Sportsmen's Clubs · 454 S Main St, Northfield, VT 05663, United States This email was sent to sportsmanscluboffranklincounty.clubnews@blogger.com. To stop receiving emails, click here. You can also keep up with Vermont Federation of Sportsmen's Clubs on Facebook. Created with NationBuilder, software for leaders.