Are there any Assault Weapons and High Capacity Magazine cases that could reach SCOTUS?

Status
Not open for further replies.

Aim1

member
Joined
Oct 24, 2015
Messages
2,310
I know we have a few assault weapons cases and a few high capacity magazines cases that could reach SCOTUS but it would be better to have one case that included both assault weapons and high capacity magazines since SCOTUS only takes a very few cases a year.


Are there any Assault Weapons and High Capacity Magazine cases that could reach SCOTUS?


I know SCOTUS denied cert on at least one case that included both assault weapons and high capacity magazines recently and SCOTUS doesn't relist cases that were denied cert once.
 
This is an often-asked question.
In "our" community it's a huge and central issue. This is entirely understandable.
The problem is in numbers. And in Process.

There are a few dozen cases on both issues (and at least that on the "probably not" issue States). The trick is that these cases are not swift, five or six years is not uncommon. Which is not helped because all the parties will argue any number of pre-trial Motions before the trial even begins.*

And the cases need to be made on very specific grounds to be argued. So combining things offensive to our community is not very easy as we might like it to be. (Putting a Boolean "and" further complicates legal arguments, as you have to have decide all three possible contentions.)

Numbers are also significant in that there are easily another ten thousand laws, rules, and regulations that can be contested as well as the one that offend up about gun ownership.

SCOTUS is presented around 3000-4000 cases per year, They only have time to hear perhaps 800 of those, and that does not include the case carried over. Nor does it include the various pre-trial and trial motions that wind up in front of the Court.

So, cases that have been decided, and also have Constitutional significance tend to get preference. But, only after wading through everything else already in the docket. (For example, SCOTUS just ruled this last week on a contention brought by States about AHCA almost seven years ago.)

______________________________
*The "Sandy Hook" suit against Remington-Bushmaster has yet to finish pretrial Motions, although one of those wound up in front of the Court year before last. These things are not mayflies of short, brief lifespans.
 
Implied in the OP is the supposition that the Court, with a 6-3 conservative-liberal split, would rule in our favor. Don't be so sure. What we're beginning to see is a 3-3-3 split, with Breyer, Kagan, and Sotomayor on the liberal side, Thomas, Alito, and Gorsuch on the conservative side, and Roberts, Barrett, and Kavanaugh somewhere in the middle (although tending conservative). There's no indication that the "swing bloc" is in any hurry to rule on guns. Roberts, in particular, wants to avoid the gun issue like the plague. Let's see what happens with the New York carry case. That should be a good indication about where the Court is going.

ETA: What this means is that either Barrett or Kavanaugh would have to join the other three conservatives in granting certiorari (over the wishes of Roberts), which apparently is what happened in the New York case.
 
Implied in the OP is the supposition that the Court, with a 6-3 conservative-liberal split, would rule in our favor. Don't be so sure. What we're beginning to see is a 3-3-3 split, with Breyer, Kagan, and Sotomayor on the liberal side, Thomas, Alito, and Gorsuch on the conservative side, and Roberts, Barrett, and Kavanaugh somewhere in the middle (although tending conservative). There's no indication that the "swing bloc" is in any hurry to rule on guns. Roberts, in particular, wants to avoid the gun issue like the plague. Let's see what happens with the New York carry case. That should be a good indication about where the Court is going.

ETA: What this means is that either Barrett or Kavanaugh would have to join the other three conservatives in granting certiorari (over the wishes of Roberts), which apparently is what happened in the New York case.



I'm not asking how they would vote but if we have any assault weapons and high capacity magazine cases that could reach SCOTUS anytime in the relatively near future.
 
Status
Not open for further replies.
Back
Top