Protecting Strong Gun Laws: The Supreme Court Leaves Lower Court Victories Untouched

[billh58]

In the last eight years, the U.S. Supreme Court has rejected more than 70 cases seeking to expand the very limited right defined in the unprecedented Second Amendment case, District of Columbia v. Heller. By repeatedly declining to review lower court decisions upholding federal, state, and local gun laws, the Supreme Court has maintained important limitations on the Second Amendment and has reconfirmed that the Amendment is not an obstacle to smart gun laws that keep our communities safe from gun violence.

Since the Court’s decision in the Heller case 2008, lower courts across the country have been inundated with costly and time-consuming challenges to state and local gun laws. However, lower courts have consistently upheld these laws, noting that many of these laws have been successful at protecting people from gun violence and keeping guns out of the hands of criminals while still allowing law-abiding citizens to keep guns in their homes for self defense. Since 2008, there have been over 1,090 Second Amendment cases challenging gun laws nationwide, with an overwhelming majority—94%—of the lower court decisions upholding those laws.

Many of these Second Amendment challenges to gun laws make their way to the Supreme Court. However, the Court has refused to hear these cases, leaving lower court decisions upholding the laws intact and keeping strong gun laws on the books. For example, the Supreme Court has refused to hear cases that:

- Challenge restrictions on concealed and open carrying of firearms in public. For example, the Court denied review in Kachalsky v. Cacace, a case in which the Second Circuit Court of Appeals upheld a New York law prohibiting the issuance of a concealed carry permit unless the applicant can demonstrate that good cause exists to issue the permit. The Court also denied review in Woollard v. Gallagher and Williams v. State of Maryland, cases challenging a similar concealed carry permit scheme in Maryland. These denials make clear that states still retain the discretion to pass strong laws regulating the carrying of firearms in public even after the Heller decision.

- More -

http://smartgunlaws.org/protecting-strong-gun-laws-the-supreme-court-leaves-lower-court-victories-untouched/#more-24060

Other issues that the SCOTUS has refused to hear are:

* Challenge the constitutionality of laws prohibiting felons, domestic abusers, and/or certain misdemeanants from possessing firearms.

* Challenge restrictions on the possession of machine guns and other types of military-style weapons.

* Challenge firearm registration requirements and related fees.

* Challenge restrictions of firearms in national parks and other publicly owned places

When President Clinton appoints another liberal judge to the SCOTUS, we have a very good chance of seeing some national gun laws with teeth in them. Until then however, we are making slow but steady progress towards addressing the gun violence epidemic in this country, and that is a good thing.

[flamin lib]

1. Judge upholds Cleveland's gun registry, strikes down several gun law provisions as unconstitutional

http://www.cleveland.com/court-justice/index.ssf/2016/08/judge_upholds_clevelands_gun_r.html

A rule that prohibits leaving a firearm where it can be accessed by someone under the age of 18.
A provision that requires people who aren't gun dealers to report the sale of guns or weapons
The law that requires gun owners to report lost or stolen firearms to the city,
A requirement that gun offenders self register with the city.
A provision that requires police to be notified if a gun is found on school property.
A ban on the negligent transfer of firearms to someone who is intoxicated or is a convicted felon (state law already prohibits reckless transfer).
An increased penalty for failing to secure a dangerous ordnance, such as an explosive material or device.

[saidsimplesimon]

2. K&R and thank you bill

[billh58]

3. You are very welcome,

and thanks for dropping by...