By Dave Workman
Editor-in-Chief
Once again, the U.S. Supreme Court has kicked the proverbial can down the road when it comes to important Second Amendment cases which have been submitted for high court review, leaving another conference session this coming Friday, Feb. 27, to possibly take up one or more of these cases.
As noted by SCOTUSBlog, several high-profile cases are waiting for a decision, one way or the other, on whether they will be accepted. This delay has become a familiar problem with the John Roberts Court, which seems content to not take some cases dealing with semi-auto rifles, original capacity magazines and restoration of rights for years-old non-violent felony convictions.
Cases now waiting in the wings include:
Duncan v. Bonta, which asks (1) Whether a ban on the possession of exceedingly common ammunition feeding devices violates the Second Amendment; and (2) whether a law dispossessing citizens, without compensation, of property that they lawfully acquired and long possessed without incident violates the takings clause.
Viramontes v. Cook County, which asks the court “Whether the Second and 14th Amendments guarantee the right to possess AR-15 platform and similar semiautomatic rifles.”
Gator’s Custom Guns v. Washington, challenging Washington state’s ban on so-called “large-capacity magazines.” It asks “Whether ammunition feeding devices with the capacity to hold more than 10 rounds are “Arms” presumptively entitled to constitutional protection under the plain text of the Second Amendment.”
Vincent v. Bondi, which asks “Whether the Second Amendment allows the federal government to permanently disarm petitioner, who has one 17-year-old nonviolent felony conviction for trying to pass a bad check.”
The Duncan, Viramontes and Gator’s Custom cases have all been passed over six times each, while the Vincent case has been relisted seven times.
It is not clear why the justices have continually not decided whether to grant review in these cases, but it is becoming apparent to observers the court is reluctant to act on cases which might overturn magazine bans, or a ban on the possession of a modern semiautomatic rifle. Meanwhile, gun owners in affected states must continue to wait, and wonder, if the high court will ever take up a case challenging a law banning guns and/or magazines capable of holding more than ten cartridges.
If the court decides to either take one of these cases, or rejects all four, an announcement will be coming next Monday, March 2.
