Bernard -- At present, there are three Second Amendment cases in front of the Supreme Court of the United States (SCOTUS) for their consideration: - Snope v. Brown (formerly Bianchi v. Brown)- a challenge regarding the constitutionality of Maryland's Assault Weapons Ban (AWB) arising out of the 4th Circuit,
- Ocean State Tactical v. Rhode Island - a challenge regarding the constitutionality of Rhode Island's Large Capacity Magazine (LCM) ban, and
- Rigby v. Jennings - a challenge arising out of Delaware involving the proper standard that courts should use when considering a motion for a Preliminary Injunction (PI) / Temporary Restraining Order (TRO) in cases involving the Second Amendment.
It was generally expected that SCOTUS would be conferencing Snope as soon as tomorrow (12/13), however late last night (12/11) SCOTUS re-scheduled the conferencing of both Snope and Ocean State Tactical. Bearing in mind that SCOTUS has the option to drop one, two or all of them from further consideration this term, we believe this is good news even though there is the appearance of a delay. The number of cases that the Supreme Court has time to review is very limited in comparison to the number of petitions to review they receive, so they are VERY selective. Having already delivered a decision in Rahimi (violent people should not have guns), it was uncertain whether any other 2A case might be selected for review in the SCOTUS 24-25 session. SCOTUS however is aware of two other cases currently in the 7th and 9th Circuits; they are aware that they are identical in nature to Snope and Ocean State Tactical; and they are also painfully aware that both of these Circuit Courts have done a superb job of mangling their decisions regarding the Second Amendment. They did this by completely failing to properly decide Second Amendment issues, even though instructions were first outlined in Heller and then further clarified in Bruen. These cases are: - Duncan v. Bonta - a challenge to an LCM ban in the 9th Circuit,
- Barnett v Raoul - a challenge to an AWB and LCM ban in the 7th Circuit
Re-scheduling Snope and Ocean State Tactical is likely due to the fact that Rigby v. Jennings just recently got to them. We therefore believe they want to internally review Rigby prior to conferencing Snope and Ocean State Tactical - hopefully to grant review on all three. On or before January 17th, we should know what SCOTUS intends, and if they do pick up one, two or all three - we would likely have their decision by May / June 2025. We'll keep you informed as things develop further, but our read of the tea leaves is that we may hit a perfect trifecta of having the constitutionality of AWBs, LCM bans and the proper way to handle a TRO/PI when a 2A case arises all resolved in OUR favor. 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/ |