Supreme Court Vacates Large-Capacity Magazine and Assault Weapon Bans in a Preview of What’s Coming Next – Opinion

The epic decision by the US Supreme Court declaring that the Second Amendment was a fundamental Constitutional right and not some kind of 18th-century artifact (Supreme Court Rules You Can’t ‘Bear’ Arms Unless You Can Carry Them for Self-Defense) has become a wrecking ball, demolishing petty and harassing laws anti-gun states have fashioned to make life difficult, if not hazardous, for gun owners. Shortly after the decision was announced, some hard-core anti-gun states gave up their unconstitutional limits on open/concealed carry (‘Bruen’s’ Domino Effect: California and New Jersey Drop ‘Good Cause’ Clauses from CCW Requirements).

The Court delivered another blow on Thursday. Orders issued by the Court vacated decisions by the Third, Fourth, and Ninth Circuits and returned them “for further consideration in light of New York State Rifle & Pistol Assn., Inc. v. Bruen.”

Third Circuit

Issue: New Jersey’s law that limited magazine capacity to 10 rounds has been upheld.

Association of New Jersey Rifle & Pistol Clubs vs. Bruck by streiff on Scribd

Fourth Circuit

Issue: Maryland’s assault weapon ban was upheld.

Bianchi vs. Frosh – Scribd by streiff

Ninth Circuit

California

Issue: California laws that limit magazine capacities to 10 rounds were upheld.

Duncan vs. Bontaby streiff at Scribd

Hawaii

Issue: Hawaii’s strict licensing requirements for carrying a handgun were upheld. READ: BREAKING. A Second Amendment Ruling by the Ninth Circuit Will Change Your Mind.

Young vs. Hawaii, by streiff

Hawaii is the perfect case, as almost all facts match. BruenHowever, the cases in which it is not are important. Supreme Court appears to believe that laws prohibiting large-capacity magazines, assault weapon bans and state laws are illegal. This is Maryland’s list of prohibited long arms; there is also a list of banned pistols.

Courts will need to follow strict historical use testing and scrutiny when deciding whether or not large-capacity cases for magazines and assault weapons are admissible. These magazines are most commonly used and have been around for years. A large number of assault weapon in private hands makes it difficult to control their ownership.

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