Are there any so-called Assault Weapons & High Capacity magazine cases that SCOTUS could take?

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If I'm correct when SCOTUS denies cert in a case you cannot bring it back up to be considered by the US Supreme Court later.

I believe that SCOTUS this year already denied cert on a so-called Assault Weapons and High Capacity ban so this case couldn't be reconsidered for cert again.


Now that SCOTUS has granted cert in NY Rifle & Pistol Association today they may show that with the addition of Kavanaugh, Gorsuch, and ACB the court maybe willing to perhaps hear more 2nd Amendment cases especially with the backing of Clarence Thomas.


Are there any other assault weapons and high capacity magazine ban cases that are in the wings waiting that could still eventually be granted cert by SCOTUS?



I know there is a high capacity ban in California but we do not want a case that only pertains to magazines and now rifles also.
 
The Court calendar is about 40 weeks, and only a certain number of cases can be heard in that time.
The Court hears about 800 cases, which include a number of pretrial motions, about twenty per week.

Over three thousand cases are brought to the Court every year. So, they need to whittle that caseload down by more than three-quarters.
By tradition, the Court selects those cases with the greatest Constitutional impact. The Circuit courts are expected to help thin out the lesser cases. However, disagreement between Circuits, and between States, must needs go to the Court.
 
So, no one knows if there is a so-called assault weapons and high capacity magazine case ready for SCOTUS or in the pipeline?
 
Most likely, there's room for only one major gun case next term. The NY carry-permit case is already taking that slot.
 
These cases take years to get into the pipeline.
At most base, a person is convicted using one of the laws in question. (Trial Court) That conviction is appealed. (Appellate court) The appeal is then appealed (State SC or Federal District). That appeal appealed to the next court (Circuit Court) and after that to SCOTUS.
Or, a Class Action is ginned up at the Federal District level, which is a shorter track to SCOTUS, ut harder to reach.

In the first case, the damaged/injured party (by the law) is the defendant. In the second case, the damaged/injured party is a Class of persons which is represented by some number of actually damaged persons representing those no yet damaged by the law, or denied their rights by way of the example of the injured ones.

I enough people "know better" they will not run afoul of the odious law, and cannot be said to be injured in fact. Until you have someone actually injured, or a group of people injured, there's no "case" to be brought.

It's not easy detective work. Suppose you saw an ad in the paper (like anyone reads paper newspapers anymore) asking "Have you been denied purchase of an Assault Weapon? Call 000-000-0000 or email [email protected]" Would your first inclination be to answer? Some dude hanging out at the LGS talking about "assault weapons" you know to be banned?

It's hard work and takes no small amount of time. Took most of 20 years to get Mr Heller as an example of all that was wrong with the DC law, without being a jailbird or hoodlum, or such similar distraction from the case then at hand.
 
I keep crossing my fingers that a case challenging Illinois's FOID law will make it to SCOTUS. I feel like it wouldn't be an especially hard case to argue, as there's already precedent that charging/taxing for the exercise of a constiutional right is unconstitutional (Murdock v. Pennsylvania). From a social aspect, could also be argued that if voter ID laws are supposedly racist then requiring a state issued ID that you must pay for every 10 years to exercise a constiutional right must also be.
 
CapnMac said:
These cases take years to get into the pipeline.
At most base, a person is convicted using one of the laws in question. (Trial Court) That conviction is appealed. (Appellate court) The appeal is then appealed (State SC or Federal District). That appeal appealed to the next court (Circuit Court) and after that to SCOTUS.
Or, a Class Action is ginned up at the Federal District level, which is a shorter track to SCOTUS, ut harder to reach.

In the first case, the damaged/injured party (by the law) is the defendant. In the second case, the damaged/injured party is a Class of persons which is represented by some number of actually damaged persons representing those no yet damaged by the law, or denied their rights by way of the example of the injured ones.

I enough people "know better" they will not run afoul of the odious law, and cannot be said to be injured in fact. Until you have someone actually injured, or a group of people injured, there's no "case" to be brought.

It's not easy detective work. Suppose you saw an ad in the paper (like anyone reads paper newspapers anymore) asking "Have you been denied purchase of an Assault Weapon? Call 000-000-0000 or email [email protected]" Would your first inclination be to answer? Some dude hanging out at the LGS talking about "assault weapons" you know to be banned?

It's hard work and takes no small amount of time. Took most of 20 years to get Mr Heller as an example of all that was wrong with the DC law, without being a jailbird or hoodlum, or such similar distraction from the case then at hand.
Click to expand...


Thanks for the insight.


I believe SCOTUS rejected an assault weapons/high capacity magazine case this term so I don't know if there are anymore in the pipeline.
 
https://www.scotusblog.com/case-files/cases/wilson-v-cook-county-illinois/

Issues: (1) Whether the Second Amendment allows a local government to prohibit law-abiding residents from possessing and protecting themselves and their families with a class of rifles and ammunition magazines that are “in common use at [this] time” and are not “dangerous and unusual”; and (2) whether the U.S. Court of Appeals for the 7th Circuit’s method of analyzing Second Amendment issues – a three-part test that asks whether a regulation bans (1) weapons that were common at the time of ratification or (2) those that have some reasonable relationship to the preservation or efficiency of a well-regulated militia and (3) whether law-abiding citizens retain adequate means of self-defense – is consistent with the Supreme Court’s holding in District of Columbia v. Heller.
Click to expand...

Note that it was denied. Thank you, Roberts.
 
GEM said:
Note that it was denied. Thank you, Roberts.
Click to expand...
If I recall correctly (and may not) the contention was whether Cook County had the authority to issue such legislation, and offered the AR ban to prove the contention.
The Cook Co. prohibition can be over-ruled by any incorporated City within the County.
So, the argument that Cook Co was abusing its power was on shaky ground to start.
Throwing in the AR ban got a lot of attention, but was not made central to the contention.

Had the contention been made that Cook Co could not make a restriction for public good or safety without demonstrable reason, reasons unique to Cook Co and not, say, DuPage, Lake, or similar nearby Counties, that would have been a more "constitutional" case.

Back to the problem of too many cases and too little time.

And, while Roberts has been less of a firebrand than expected (legally or politically) that's not uncommon over the history of SC Justices.

That Cook Co has their AR ban is ripe for contention, and the ban is probably observed more in the breach than the observance, there are probably no end of "violators" who will wind up in court. Whether one will be stubborn, or have deep enough pockets, to argue it up to IL SC is an open question.
 
Most analyses were that the 10 denied cases were because of the 4 supposed progun justices feared Roberts would be on the other side. I really don't care about past history. We know justices switch from their supposed ideology
 
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