Explore The NRA Universe Of Websites

U.S. Supreme Court Declines to Hear Second Amendment Case, Draws Strong Dissent From Thomas, Scalia

Wednesday, June 10, 2015

U.S. Supreme Court Declines to Hear Second Amendment Case, Draws Strong Dissent From Thomas, Scalia

On Monday, the U.S. Supreme Court declined a petition to either summarily reverse or hear an appeal of the decision in Jackson v. City and County of San Francisco, issued by the U.S. Court of Appeals for the Ninth Circuit on March 25, 2014. The Ninth Circuit decision upheld San Francisco ordinances requiring any firearm within the home not actually carried on the person to be in a locked container or disabled by a state-approved trigger lock and banning the sale of hollow point ammunition.  In each case, the Ninth Circuit wrongly determined that while the ordinance "burdens" the "core" Second Amendment right of self-defense within the home, it does not entirely "destroy" it. The court then wrongly applied a deferential form of "intermediate" scrutiny to the regulations and found they satisfied that test. Justice Clarence Thomas, joined by Justice Antonin Scalia (who wrote the landmark District of Columbia v. Heller opinion) penned a sharply critical dissent (see p. 11 at link) of the Supreme Court's refusal to hear the appeal.

The dissent noted, "Because it is impossible to 'carry' a firearm on one's person while sleeping, for example, petitioners contended that the law effectively denies them their right to self-defense at times when their potential need for that defense is most acute." Justice Thomas emphasized that the Ninth Circuit decision was in "serious tension with Heller" and noted that the District of Columbia's very similar firearm storage law had been held by that case to violate the Second Amendment. Criticizing the Ninth's Circuit analysis of the burden, the dissent noted that a person suddenly awakened from sleep by an intruder faced a significant impairment to the right of self-defense by the necessity of having to negotiate the locks on the firearm or safe. "That delay," Justice Thomas wrote, "could easily be the difference between life and death."

The dissent also gave a rare glimpse into how two members of the five-justice majority in Heller view development of Second Amendment jurisprudence in the wake of that case. According to Justice Thomas: "[N]othing in our decision in Heller suggested that a law must rise to the level of the absolute prohibition at issue in that case to constitute a 'substantial burden' on the core of the Second Amendment right. And when a law burdens a constitutionally protected right, we have generally required a higher showing than the Court of Appeals demanded here." The petition should have been granted, he stated, "to review this questionable decision" and "to reiterate that courts may not engage in this sort of judicial assessment as to the severity of a burden imposed on core Second Amendment rights."

The petition should have been granted, Justice Thomas stated, "to review this questionable decision" and "to reiterate that courts may not engage in this sort of judicial assessment as to the severity of a burden imposed on core Second Amendment rights."

For firearm and self-defense advocates, the Supreme Court's decision signals a disinterest by the high court in revisiting its Second Amendment jurisprudence. Lower federal courts have sustained Second Amendment challenges in the face of absolute prohibitions (for example, on shooting ranges, sales, or carrying for self-defense outside the home). Yet virtually any justification by a state or locality has been deemed sufficient for regulations falling short of an all-out ban on protected Second Amendment activity. This is so, moreover, even where the courts have grudgingly acknowledged that the regulation burdens self-defense, which the Supreme Court has made clear is at the heart of the Second Amendment.  

To be sure, the most anti-gun jurisdictions in America remain willing to push the envelope, even with the considerable latitude they have been given by the courts.  As a result, cases concerning a total ban on "bearing" arms for self-defense in public (for example, Peruta v. County of San Diego or Wrenn v. District of Columbia) may yet prove unavoidable, even for the increasingly gun-shy Supreme Court. 

In the meantime, however, Thomas and Scalia's reproof to the Court provides rather cold comfort to liberty-loving Americans who are weary of the Second Amendment being treated as a second class right by the same imperious, activist judges who used to deny it provided any individual protection. In the concluding paragraph of the dissent, Justice Thomas offered a final admonition: "We warned in Heller that "[a] constitutional guarantee subject to future judges' assessments of its usefulness is no constitutional guarantee at all." That is how the anti-gun legal establishment once had it, and anti-gun lawyers and jurists are clearly working to restore that dismal state of affairs.

Fortunately, the American people have always had more to say about the real fate of the Second Amendment and gun culture in America than the cloistered legal elite. Even when judges were dismissing the notion that the Second Amendment had anything to do with individuals, most Americans had relatively free access to and use of firearms. Indeed, gun owners throughout the world can only envy the freedom we in America have enjoyed throughout our history. Your NRA remains hard at work –in Congress, in state legislatures, in City Halls, and, yes, in the courts – to keep that heritage intact and to expand our precious freedoms.

The result in Jackson is yet another clear reminder of the importance of the 2016 elections.  Our nation cannot afford to have another anti-gun president pushing anti-gun nominees for the U.S. Supreme Court.  With your help, liberty will prevail – because the future of our freedom depends on it.

TRENDING NOW
VA Tells Congressional Panel it “Could Not” and “Would Not” Comply with Pro-gun Legislation

News  

Monday, July 15, 2024

VA Tells Congressional Panel it “Could Not” and “Would Not” Comply with Pro-gun Legislation

Last Wednesday, the Subcommittee on Disability Assistance and Memorial Affairs of the House Veterans Affairs Committee held a legislative hearing on a number of proposed bills that would change various procedures and standards for how the Department ...

NRA Applauds President Trump’s Selection of Senator J.D. Vance as His Running Mate

News  

Second Amendment  

Monday, July 15, 2024

NRA Applauds President Trump’s Selection of Senator J.D. Vance as His Running Mate

Following President Donald J. Trump’s announcement of his selection of U.S. Senator J.D. Vance as his running mate, the National Rifle Association of America (NRA) released the below statements.

New Hampshire: Critical Pro-Gun Privacy Bill Signed Into Law

Friday, July 12, 2024

New Hampshire: Critical Pro-Gun Privacy Bill Signed Into Law

On Friday, July 12th, Governor Chris Sununu (R-New Hampshire) signed HB 1186, "an act relative to firearm purchaser's privacy."

NRA Scores Legal Victory Against ATF; “Pistol Brace Rule” Enjoined From Going Into Effect Against NRA Members

Monday, April 1, 2024

NRA Scores Legal Victory Against ATF; “Pistol Brace Rule” Enjoined From Going Into Effect Against NRA Members

NRA Members Among the Largest Class Protected from Draconian Rule

NRA’s Political Victory Fund Endorses President Donald J. Trump

News  

Saturday, May 18, 2024

NRA’s Political Victory Fund Endorses President Donald J. Trump

Today, the National Rifle Association's Political Victory Fund (NRA-PVF) is honored to announce its full endorsement of President Donald J. Trump for re-election to a second term as President of the United States of America. ...

New Orleans Tries an End-run around Constitutional Carry

News  

Monday, July 8, 2024

New Orleans Tries an End-run around Constitutional Carry

Louisiana Governor Jeff Landry (R) assumed office on January 8 of this year and wasted no time working to protect the Second Amendment rights of law-abiding Louisianans. 

The UN’s Circle of Life

News  

Monday, July 8, 2024

The UN’s Circle of Life

The United Nation’s Programme of Action to Prevent, Combat, and Eradicate the Illicit Trade in Small Arms and Light Weapons In All Its Aspects (PoA) is now almost 23 years old.

Crime Prevention Research Center: Carry Laws Don’t Increase Gun Theft, Decrease Police Effectiveness

News  

Monday, July 8, 2024

Crime Prevention Research Center: Carry Laws Don’t Increase Gun Theft, Decrease Police Effectiveness

Gun-control groups campaign against right-to-carry laws by claiming that guns carried in public pose a substantial threat to public safety, and that concealed carry permitting laws lead to more violent crime, not less.

NRA Files Legal Challenge to California’s Excise Tax on Firearm and Ammunition Sales

News  

Tuesday, July 2, 2024

NRA Files Legal Challenge to California’s Excise Tax on Firearm and Ammunition Sales

Today, the National Rifle Association of America (NRA), together with the Second Amendment Foundation, Firearms Policy Coalition, and California Rifle & Pistol Association, filed a lawsuit challenging California’s 11% excise tax on gross ...

Pennsylvania: Gun Control Bills Defeated in the Pennsylvania House

Wednesday, May 8, 2024

Pennsylvania: Gun Control Bills Defeated in the Pennsylvania House

On Tuesday, two gun control measures, House Bill 335 and House Bill 2206, failed by the slimmest of margins in the Pennsylvania House. 

MORE TRENDING +
LESS TRENDING -

More Like This From Around The NRA

NRA ILA

Established in 1975, the Institute for Legislative Action (ILA) is the "lobbying" arm of the National Rifle Association of America. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution.