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Posted By FFL Dealer Network on 06/16/2020 in Firearm News

Supreme Court Rejects Gun Rights Cases

Supreme Court Rejects Gun Rights Cases

The Supreme Court rejected a slew of gun rights cases on Monday, including the case from New York City about transporting guns from a home to a range. 

The NYC case hinged on a rule that was repealed after gun rights activists announced their legal challenge to the law. Five of the cases were about similar right-to-carry laws. 

Two cases, one from Illinois and one from Massachusetts, were on banned semi-auto gun bans and high-capacity magazines. 

The decision to reject the appeals was not unanimous. 

Justice Clarence Thom and Brett Kavanaugh wanted to hear the cases. In a case from New Jersey, they wrote: 

The text of the Second Amendment protects “the right of the people to keep and bear Arms.” We have stated that this “fundamental righ[t]” is “necessary to our system of ordered liberty.” McDonald v. Chicago, 561 U. S. 742, 778 (2010). Yet, in several jurisdictions throughout the country, law-abiding citizens have been barred from exercising the fundamental right to bear arms because they cannot show that they have a “justifiable need” or “good reason” for doing so. One would think that such an onerous burden on a fundamental right would warrant this Court’s review. This Court would almost certainly review the constitutionality of a law requiring citizens to establish a justifiable need before exercising their free speech rights. And it seems highly unlikely that the Court would allow a State to enforce a law requiring a woman to provide a justifiable need before seeking an abortion. But today, faced with a petition challenging just such a restriction on citizens’ Second Amendment rights, the Court simply looks the other way. 

Read the entire opinion beginning on Page 33 



MASSACHUSETTS 

The Bay State now has a ban on some semi-auto guns and "high-capacity" magazines. Other states have similar bans and the High Court has also refused to rule on them. 

NEW JERSEY 

The Garden State now requires a resident to show a "justifiable need" to carry a firearm in public. The law says a citizen has to "specify in detail the urgent necessity for self-protection, as evidenced by specific threats or previous attacks which demonstrate a special danger to the applicant's life that cannot be avoided by means other than issuance of a permit to carry a handgun." 

MARYLAND 

The Old Line State requires resident to have a “good and substantial reason" to get a carry permit. In the December presentation to the Court it is noted, "Historically, Maryland has granted the overwhelming majority of permit applications based on a claimed good and substantial reason. Read the filing here

INTERSTATE SALES 

A resident of one state cannot buy a handgun in another state, says a federal law nearly 50 years old. The High Court declined to hear a case challenging this. A resident of one state can buy a long gun in another state. For a resident of one state to buy a gun in another state, it must be sent to an FFL holder within the resident's state. The FFL holder will make the transfer. A Type 03, or collector;'s federal firearm's license allows this FFL holder to sidestep this law. 

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