SCOTUS Refuses to Hear Challenge to Assault Rifle Bans

Thomas Murray | June 20, 2016

Without comment, the U.S. Supreme Court on Monday declined to hear an appeal challenging New York’s and Connecticut’s ban on some semiautomatic rifles.

The decision left in place the October ruling from the New York-based Second U.S. Circuit Court of Appeals that upheld the ban. The court’s refusal to hear the appeal does not set any official precedent on gun control, but it does show that they are in no hurry to end the ban.

New York originally passed its ban on assault rifles and large capacity magazines in response to the December 2012 massacre at Sandy Hood Elementary School, which left 26 dead. Not long after, Connecticut, followed New York’s example. The ban was quickly challenged by those who claimed that the gun restrictions were unconstitutional.

The Supreme Court has remained largely silent on the topic. They ruled on two landmark weapons cases in 2008 and 2010, when the court decided handguns bought for the purpose of defending one’s home were fully protected under the Second Amendment. But in the six years since, the court has declined to hear appeals from the lower courts pertaining to gun control.

The increase of mass shooting in recent years have made many Americans ask exactly how far the second amendment extends. A national ban on assault weapons, first passed in 1994, expired in 2004 and was not re-implemented due to heavy opposition from pro-gun rights legislators. But that hasn't stopped states from implementing their own bans on certain weapons and ammunition -- decisions that usually come right after a highly-publicized mass shooting.    

Although the Supreme Court has refused to hear appeals from lower courts on gun laws, as anti-gun rhetoric escalates, it appears to be high past time for them to defend the constitutional right of citizens to bear arms.