A 2022 Supreme Court decision that upheld broad Second Amendment rights has allowed other courts to strike down a bevy of gun rights restrictions, the Daily Montanan reported. This is good news for a slate of other challenges the Supreme Court is set to decide as President-elect Donald Trump takes office.
The New York State Rifle & Pistol Association Inc. v. Bruen case found that restrictions to the Second Amendment must have historical precedent at the country's founding. The Supreme Court decision has opened the door for challenges that wouldn't have otherwise had a chance.
Even in blue states such as Illinois and California, gun restrictions have not fared well in court challenges. The Second Amendment Foundation has taken this mandate to bring several lawsuits against these statutes.
“The second Bruen came down, there was the starting gun for a sprint, for which we have not stopped yet. Stuff is ripe for a fresh challenge," the Washington-based organization's director of legal operations, Bill Sack, stated.
The Bruen case has facilitated several decisions that would previously have been unthinkable. In July, Minnesota's age restriction for carrying handguns was deemed unconstitutional by the U.S. Court of Appeals for the 8th Circuit of Appeals, which upheld the lower court's ruling to strike it down.
Then, in September, an Illinois state law banning concealed carry of firearms on public partition was deemed unconstitutional. Just a month later, New York's law that sought to ban gun owners from concealed carry on private property open for public use was struck down as well.
According to Ammoland, the Supreme Court will discuss three more pivotal cases this week. In Snope v. Brown, the court will consult on whether to hear a case involving Maryland's banning of "assault weapons" or semi-automatic weapons such as the AR-15.
Ocean State Tactical v. Rhode Island will challenge bans on "large capacity magazines," while Delaware's Gray v. Jennings could answer the legal question about issuing preliminary injunctions. Together, these cases could lay the groundwork for bold freedoms.
"The ducks are lining up," Mark Smith, host of the Four Boxes Diner pro-Second Amendment podcast, said. The timing couldn't be better for Trump.
During Trump's first term in office, the Heritage Foundation shared that he had a stellar reputation for gun rights. "As with Trump’s rhetoric, most of his administration’s policy efforts have been consistent with his promise to protect the right to keep and bear arms," author Amy Swearer noted in September 2022.
"Early in his first term, federal agencies reversed course on several Obama-era policies that would have jeopardized Americans’ Second Amendment rights," including a prohibition on publishing "blueprints for 3D-printed guns online." This also protected First Amendment free speech rights.
Trump also rolled back a law that would allow the government to take away the Second Amendment rights of a person without a trial or hearing. He pushed back against states that closed gun stores and shooting ranges during the COVID-19 pandemic, deeming them nonessential businesses.
However, his most significant contribution was to appoint Supreme Court judges who favored upholding gun rights. With Bruen under their belts, the Supreme Court could continue to strike down restrictions.
Trump now has four more years to shore up constitutional rights with the help of the highest court in the land. Gun owners may rejoice, but they must remain vigilant against the people looking to strip them of their weapons.
