Friday, October 4, 2024

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
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