By Tanya Metaksa
What’s New—SCOTUS: Although the 2023-2024 term officially closed on July 1, more rulings were delivered on July 2. Now, the U.S. Supreme Court is on summer recess. The effect of Loper Bright Enterprises v. Raimondo on ATF rulings; NRA v. Vullo on remand from SCOTUS; Clemendor v. D.C.: Case 1:24-cv-01955; filed against DC “assault weapons” ban; Jaymes v. Maduros: Case: 27-2024-00031147: filed by four pro-Second Amendment groups against California’s new excise tax on firearms, firearms parts, and ammunition.
SCOTUS
Final rulings of 2023-2024: Even though the US Supreme Court is in recess until its fall term, news about its decisions from the end of its 2023-2024 term is still being discussed.
One of the decisions that did not directly address any Second Amendment issues was in the case of Loper Bright Enterprises, Inc. v. Gina Raimondo, which will be known as the 2024 Chevron decision. In this case, a United States agency was interpreting the Magnuson-Stevens Act (MSA) passed in 1976 and amended in 1996 and 2006. The 2006 amendment introduced annual catch limits and limited access programs, including fishing vessel monitors. The act also specified which classes of fishing boats would have to cover the cost of the government monitors and listed those classes explicitly. Herring boats were not included in or on the law’s list. The government 2018 decided to charge herring fishermen and essentially used a previous unanimous Supreme Court decision, Chevron, USA, Inc. v. Natural Resources Defense Council, Inc., to justify their decision. Courts of Appeal in the Loper Bright case because of the Chevron doctrine deferred to the agency’s interpretation and ruled favor of the EPA (Gina Raimonda, EPA Director).The SCOTUS majority vacated the and sent it back to the Court of Appeals to be relitigated with the understanding that “Courts need not and under the APA may not defer to an agency interpretation of the law simply because a statute is ambiguous.”
However, SCOTUS did not undo all previous decisions based on Chevron.
How does the Chevron Decision affect gun owners? Many ATF rules, especially those such as the bump stock regulation, the pistol braces regulation, and the latest rule regarding FFLs, will be more difficult to justify. That means these rules will be overruled after a successful court fight. Lee Williams’ extensive article on this critical decision for gun owners explains his take on the Chevron decision, as does Mark Smith’s podcast.
Circuit Court
NRA v. Vullo: Case No. 21-636-CV: US Court of Appeals for the Second Circuit: on July 2, 2024, former Commissioner Vullo filed a Motion to Reinstate the Panel’s Judgment or for Supplemental Briefing asking the Court to reinstate their finding that she was entitled to qualified immunity, and reminds the Court that SCOTUS wrote that the Appeals Court “is free to revisit the qualified immunity question.” Obviously, Vullo is concerned that she will lose her immunity and be sued by NRA for damages. She uses another case, Murray v. UBS Securities, as an example of a proposed supplemental briefing.
Background: As I wrote in the June 6 version of the Judicial report, SCOTUS decided that Commissioner Vullo’s activity suppressed the NRA’s First Amendment rights. It now goes back to the District Court to be litigated in light of the opinion. The lower courts will also decide whether former Commissioner Vullo has qualified immunity. The case returns to the US Court of Appeals for the Second Circuit for further litigation.
District Court
Clemendor v. D.C.: Case 1:24-cv-01955: US District Court for the District of DC: On July 3, 2024, the Firearms Policy Coalition, Inc. Filed this case alleging The District’s Semiautomatic Firearms Ban, and Defendants’ enforcement thereof, denies individuals who reside in the District, including Plaintiffs, their fundamental, individual right to keep and bear common arms.
Jaymes v. Maduros: Case: 27-2024-00031147: US District Court for the Southern District of California:
A group of pro-Second Amendment groups, including the Second Amendment Foundation, The California Rifle & Pistol Association, The National Rifle Association, and The Firearms Policy Coalition, have joined forces against California’s new excise tax on firearms, firearms parts, and ammunition that became law on July 1, 2024.
