National Status of Second Amendment cases at SCOTUS

[bcp]

No change in status found in the orders of 1/26.

https://www.supremecourt.gov/orders/courtorders/012626zor_ec8f.pdf

Bruce

 

[CamoDeafie]

Prediction; Duncan V Bonta gets GVR'd a 2nd time. Other cases get denied cert or postponed until after the midterms, for whatever political reasons.


I would honestly be surprised if these did not come to be, if Duncan V Bonta gets granted cert and heard, if other cases granted cert as well.

 

[CamoDeafie]

View: https://youtu.be/OKixhFRhGvQ?si=pbWH7PMLMv7cA-GD



WA Gun Lawyer says window of opportunity for SCOTUS closes on 2A related cases. Higher odds of two SCOTUS Justices (Alito and Thomas) stepping down, though no rumors or discussion of that.

Doesn't surprise me at all given how Roberts has handled 2A in his career

 

[Librarian]

Pretty much the whole set of 'hardware' cases at SCOTUS are scheduled to be considered at the Feb 20, 2026 conference.

 

[bcp]

The 2/23 order list is published. Still no change in the status of cases in the OP.

https://www.supremecourt.gov/orders/courtorders/022326zor_7758.pdf

Bruce

 

[bcp]

Today's orders:

https://www.supremecourt.gov/orders/courtorders/030226zor_2d8f.pdf

Viramontes, Gator, and Duncan unchanged.

Bruce

 

[ilikegunspdx]

Today's orders:

https://www.supremecourt.gov/orders/courtorders/030226zor_2d8f.pdf

View attachment 2259339

Viramontes, Gator, and Duncan unchanged.

Bruce

What's gator? Is that gators guns in wa?

 

[bcp]

What's gator? Is that gators guns in wa?

Yes

Bruce

 

[bcp]

Today's orders:

https://www.supremecourt.gov/orders/courtorders/030926zor_p86b.pdf

Viramontes, Gator's, and Duncan unchanged. Not granted. Not denied.

Bruce

 

[Stomper]

The DC circuit court just recently ruled that mag limit bans unconstitutional thereby causing the "almighty circuit split" that SCOTUS prefers occur via judicial "percolation", so that may light a fire under these pending certiorari cases before them.

 

[CamoDeafie]

View: https://youtu.be/_SpWtbglNgg?si=icyMX6h35E7xgFLx



More briefs have been filed to the SCOTUS relating to Duncan V Bonta and to Gator Guns cases, largely due to the DC LCM ban being ruled unconstitutional in that Federal Court. This may result in two of the three 2A cases being heard sooner.

 

[ilikegunspdx]

View: https://youtu.be/_SpWtbglNgg?si=icyMX6h35E7xgFLx



More briefs have been filed to the SCOTUS relating to Duncan V Bonta and to Gator Guns cases, largely due to the DC LCM ban being ruled unconstitutional in that Federal Court. This may result in two of the three 2A cases being heard sooner.

Have you heard are they going to take that recent ruling (can't recall what state it was in) to "en banque' " review to try to reverse it? That's what California does.

 

[CamoDeafie]

Have you heard are they going to take that recent ruling (can't recall what state it was in) to "en banque' " review to try to reverse it? That's what California does.

You're not talking about Benson vs United States which was decided in DC Court of Appeals, right?

 

[ilikegunspdx]

You're not talking about Benson vs United States which was decided in DC Court of Appeals, right?

That sounds correct. Can't recall the name. The one that caused circuit split.

 

[CamoDeafie]

That sounds correct. Can't recall the name. The one that caused circuit split.

Not sure. Apparently the Benson case in DC, is not a Circuit Court case... Weird, I know. But the Benson case is the one that overturned DC's 10rd+ mag ban and is the one that these briefs are all referring to, for Duncan V Bonta and Gators Guns v WA...

 

[EastCoDD]

Not sure. Apparently the Benson case in DC, is not a Circuit Court case... Weird, I know. But the Benson case is the one that overturned DC's 10rd+ mag ban and is the one that these briefs are all referring to, for Duncan V Bonta and Gators Guns v WA...

I apologize if I earlier described the DC case as being a circuit court case if, in fact, it is not. I've been trusting William Kirk's explanation of the case as not setting up a circuit split in my other recent posts. If he, and I, are wrong about this, then that is actually a good thing and does probably make it more likely that Duncan or Gators Guns will be taken up by the USSC. There are never any guarantees with the courts, though.

 

[PiratePast40]

FWIW, I met Gator last Saturday at the Albany gun show. He stopped by the OFF table and we talked for awhile. He then told me who he was and that he hasn't slept for about 5 weeks, ever since SCOTUS had his case on the calendar for consideration.

Can you imagine your livelihood, and now your financial security being in the hands of nine people in black robes? Really have to appreciate people willing to risk everything for the rest of us.

 

[EastCoDD]

FWIW, I met Gator last Saturday at the Albany gun show. He stopped by the OFF table and we talked for awhile. He then told me who he was and that he hasn't slept for about 5 weeks, ever since SCOTUS had his case on the calendar for consideration.

Can you imagine your livelihood, and now your financial security being in the hands of nine people in black robes? Really have to appreciate people willing to risk everything for the rest of us.

Oh that's cool that he stopped by the show, my daughter and I went on Sunday to check things out. That said, I can only imagine the stress Gator has been under, not just in terms of his business, but also the legal pressure brought on by the litigation, as well as the likely pressure being brought on him by the state of Washington with their threats of prosecution, etc. I have a lot of appreciation and admiration for folks like that who are willing to stand up to the powers that be and stand behind their beliefs. It takes a lot of guts to do so.

 

[bcp]

3/23.26 no change.

Bruce

 

[MichaelH]

Rush: Issue: Whether the Second Amendment secures the right to possess unregistered short-barreled rifles that are in common use for lawful purposes.

Petition denied
===========================================================
Nothing yet on the others at 5:28 pm.

Bruce

Well, with that I expect that's the writing on the wall for Viramontes v. Cook County though maybe the Justices, not being firearms enthusiasts, have no idea that the existence of the NFA doesn't really change how similar the AR15 is to the sort of SBR likely at issue in the Rush case. It might hear Viramontes based on that ignorance.

My thoughts on all of this is that regardless of how relatively 2A friendly the composition of the court is they're still figuring out how to apply their own test from NYSRPA v. Bruen and are trying to figure out what kind of historical law or regulations might be analagous to modern firearms regulations. Who knows what Thomas was thinking (and the other justices who joined his opinion) when he abandoned the strict scrutiny test--the test the court uses to consider regulations on all other fundamental rights--in favor of the historical analysis test. Now justices can pick the history they want to justify the outcome they want and pretend it's not judicial legislation/ activism. Sort of ironic. It's hard to guess what they're going to do with these cases. My take is that they're most likely going to punt on any that they can if the lower court ruling feels right.

For relatively objective analysis see:

Second Amendment jurisprudence is a mess

The Supreme Court has made a mess of the law concerning the Second Amendment.

www.scotusblog.com