SCOTUS ‘Shoots’ Down Unconstitutional Gun Laws

Thursday, June 23, 2022, is a day that will go down in Second Amendment history as the day that Justice Clarence Thomas knocked over the Leaning Tower of BS Gun Laws. While we will not know the full extent of what the ruling in New York State Rifle and Pistol Association v. Bruen means for a while, it not only eliminated “May Issue” laws on Conceal Carry Permits, it blew a .50 Caliber hole in the NFA.

When Brandon Koch and Robert Nash sued the State of New York over its refusal to issue them CCW, they had no idea that their case would open the door to the systematic dismantling of federal gun control laws.

On Thursday, in a 6-3 ruling, the Supreme Court overturned the New York law on the grounds that it violates an individual’s right to bear arms in public for self-defense. In D.C. v. Heller and McDonald v. Chicago, the Court held that the “Second and Fourteenth Amendments protect an individual right to keep and bear arms for self-defense.” (NYPSA v Bruen) They ruled in Heller that the Second Amendment protects an individual’s conduct with a firearm when it is covered by plain text. More importantly, any federal law must be consistent with the country’s historical traditions of firearm regulation. In their opinion, in Bruen, they ruled that New York law, and thus “May Issue” laws in the rest of the country, violated this standard.

Effectively, this means that “Shall Issue” has become the law of the land, and California, Hawaii, New York, and the others must now fall in line with it. This is a massive victory for the Second Amendment and the American people. Initially, this was the main takeaway from the ruling that everyone focused on.

The true victory came when Justice Thomas addressed the currently used “two-step” framework for Second Amendment legislation. Step one is analyzing the proposed legislation based on the text of the Constitution and the historical context surrounding the Bill of Rights. If the legislation violates this, it moves on to the second step, known as “means-end scrutiny.” This served as a way to say, “Yeah, the Founders might not have liked it, but the current situation today means that the regulation would prevent broader harm to the general public.” In other words: any legislation the gun-grabbers wanted was justified.

Justice Thomas eviscerated this, saying that the two-step framework is “one step too many,” meaning all current gun regulations will now have to pass the scrutiny of history only. Strict scrutiny, which is used to justify many of today’s most draconian gun laws, is gone. In its place is a pathway towards re-establishing the God-given right of the American people to protect themselves however they deem fit.

While some may have wanted the Court to outright end the blatant infringements that the National Firearms Act and its successors represent, they are refusing to act as legislators. Unlike Liberal Activist Judges, they know it is the responsibility of the people to bring the cases before them to establish a precedent. This means that while these infringements still stand now, they won’t be on the books much longer.

The dissents by the Activists are alarming, as they refuse even to apply the Constitution, choosing instead to rely on bogus statistics provided by the dishonest gun lobby. Justice Alito took the opportunity to dispute, and annihilate, these dissents. But that will require a more in-depth discussion to truly unpack.

As I was writing this article, the Supreme Court took a significant first step in addressing the most immediate Second Amendment issues. On Thursday, June 30, 2022, the Supreme Court vacated four recent rulings issued by Appellate Courts that focused on “assault weapon” bans, standard capacity magazine bans, and public carry. The Supreme Court ordered the lower courts to re-evaluate their previous rulings on the four cases with the new Bruen opinion as to the basis.

The rulings by the Appellate Courts were made almost entirely with means-end scrutiny, which means that they will be hard-pressed to justify their original opinions. The magazine bans were made by the 9th District in California, and the 3rd District in New Jersey, two of the most stringent anti-gun states in the country. Their bans meant that magazine capacities above ten rounds were illegal, mainly because of the potential large magazines have to impact the general public. Seeing as how the Supreme Court ruled that gun restrictions can only be considered from the perspective of the individual, the historical context, and the plain text of the Second Amendment, justifying the bans based on their impact on the general public will require blatant disregard for the Supreme Court’s ruling.

The “assault weapons” ban enacted by Maryland was upheld by the 4th District Court of Appeals. The reasoning behind this one, similar to the magazine ban, is almost entirely based on assault weapons’ impact on the general public. Once again, using the parameters set forth by the Supreme Court, it appears that only ideologues would be able to justify upholding it. Based on history alone, only a moron would think the Founding Fathers would be okay with banning so-called “assault weapons.”

The final ruling vacated was Hawaii’s “may-issue” standards that are strikingly similar to New York’s. This one, also ruled by the 9th District, held that the right to keep and bear arms does not guarantee an “unfettered, general right to openly carry arms in public for individual self-defense.” There is no way this will remain the opinion of the 9th District Court of Appeals, as the Bruen case expressly said the opposite. Any attempt to uphold it will be viewed as the 9th District going rogue and undermining the Supreme Court.

The Supreme Court is clearly trying to avoid making the same mistake the Court made when ruling on Roe v. Wade, where they outright declared rights and acted as a legislative body in saying there is a right to abortion. I believe they want to establish Constitutional Carry, but they will do so correctly by striking down the laws standing in the way and setting an undeniable precedent. It will be a slow process, but they appear to be fast-tracking the most important cases for the current political climate in America.

Ultimately, we have plenty to be happy about and more optimistic about. But, it will not happen overnight. Therefore, patience is required, and persistence is demanded if we are to successfully re-establish our God-given, Constitutional right to keep and bear arms as the Founders intended.

Trending | Now

Bloomberg’s Anti-Gun SuperPAC Launches Assault on Colorado Lifestyle

Bloomberg’s Anti-Gun SuperPAC Launches Assault on Colorado Lifestyle

If you don’t know who Michael Bloomberg is, he’s a billionaire progressive known for steering the ship as New York recovered from the attacks of 9/11. He’s a failed presidential candidate that spent over $1 billion on his campaign and couldn’t even compete against Joe...

Surprise! FBI Errors Bolster the Gun Control Agenda

Surprise! FBI Errors Bolster the Gun Control Agenda

Three-letter bureaucracy gets it wrong again. Everyone makes mistakes. It is an integral part of the human experience. Without errors, we have nothing to learn from and grow. However, repeating the same mistakes repeatedly can indicate gross incompetence or malicious...

Broomfield City Council to Consider Gun Control Measures

Broomfield City Council to Consider Gun Control Measures

By Kevin Lorusso UPDATE 10/27/2022: Broomfield City Council will be holding a Study Session to discuss the upcoming gun control ordinances they will be pushing. It will feature limited public comment at the beginning of the meeting at the discretion of the Mayor. If...

A Good American with a Gun

A Good American with a Gun

A young man was sitting with his girlfriend and her grandmother, enjoying food at the local mall’s food court and talking about their plans for the rest of the day. Suddenly, the young man hears gunshots and looks up, only to see an individual with a rifle taking aim...

Rocky Mountain Gun Owners SuperPAC Election Preview, 2022

Rocky Mountain Gun Owners SuperPAC Election Preview, 2022

This is the first version of the RMGO Elections Preview for 2022. It will be updated following the June Republican Primaries, as the races become clearer and major party nominees are selected. As a rule, RMGO refuses to endorse candidates that do not score 100% on our...

The Leftist Agenda in 2022

The Leftist Agenda in 2022

How gun owners can be prepared to fight back against their schemes Author: Taylor D. RhodesTitle: Executive Director___________________________________________________________________ Today, the 73rd Colorado General Assembly started their Second Regular Session in...

ALERT: Littleton’s Mayor Valdez is lying to you!!!!

ALERT: Littleton’s Mayor Valdez is lying to you!!!!

Mayor Valdez (Littleton) is BLATANTLY LYING to RMGO Members about the new Gun Safe Ordinance in Littleton, and since he continues to lie to us, I want to show you the proof. Below is an email chain from an RMGO member who was kind enough to allow us to use his...

RMGO ACTION ALERT: Gun Ban in Pitkin County!

RMGO ACTION ALERT: Gun Ban in Pitkin County!

RMGO ACTION ALERT! Your IMMEDIATE action is needed! Have you seen this headline?That's right, Pitkin County just banned your right to self-defense in one of the most dangerous climates I have ever seen. First, I should tell you, we have already been in contact with...

RMGO is Going to Be Okay… But Please Read This.

RMGO is Going to Be Okay… But Please Read This.

I need to make it perfectly clear when I say RMGO isn't going anywhere. The past month has been one of the toughest times in American history. A rabid virus has completely flipped our way of life upside down... graduations have been canceled, sports have been...

Hearing Date Set for RMGO’s Red Flag Lawsuit

Hearing Date Set for RMGO’s Red Flag Lawsuit

Fellow Patriots, I have some great news for you, and I was hoping you could share it with all of your friends! We've been given our day in court to overturn the new "Red Flag" Gun Confiscation Law! I, along with leading House Republicans, will be in a Denver District...

Judge Requests Hearing Date for RMGO’s Red Flag Lawsuit

Judge Requests Hearing Date for RMGO’s Red Flag Lawsuit

By Taylor D. Rhodes, RMGO Staff DENVER, CO - Nearly a year after Rocky Mountain Gun Owners and House Republicans filed a lawsuit against the unconstitutional and illegal passage of HB19-1177, "Red Flag" Gun Confiscation, a Denver judge has finally requested a hearing...

Donate Now

Trending | RMGO Social Media