Supreme Court Vacates Large-Capacity Magazine and Assault Weapon Bans in a Preview of What's Coming Next

The epic decision by the US Supreme Court declaring that the Second Amendment was a fundamental Constitutional right and not some kind of 18th-century artifact (Supreme Court Rules You Can’t ‘Bear’ Arms Unless You Can Carry Them for Self-Defense) has become a wrecking ball, demolishing petty and harassing laws anti-gun states have fashioned to make life difficult, if not hazardous, for gun owners. Shortly after the decision was announced, some hard-core anti-gun states gave up their unconstitutional limits on open/concealed carry (‘Bruen’s’ Domino Effect: California and New Jersey Drop ‘Good Cause’ Clauses from CCW Requirements).

Another hammer blow came on Thursday. Orders issued by the Court vacated decisions by the Third, Fourth, and Ninth Circuits and returned them “for further consideration in light of New York State Rifle & Pistol Assn., Inc. v. Bruen.”

Third Circuit

Issue: A New Jersey law limiting magazine capacity to 10 rounds was upheld.

Association of New Jersey Rifle & Pistol Clubs vs. Bruck by streiff on Scribd

Fourth Circuit

Issue: Maryland’s assault weapon ban was upheld.

Bianchi vs. Frosh by streiff on Scribd

Ninth Circuit

California

Issue: A California law limiting magazine capacity to 10 rounds was upheld.

Duncan vs. Bonta by streiff on Scribd

Hawaii

Issue: Hawaii’s strict licensing requirements for carrying a handgun were upheld. READ: BREAKING. Ninth Circuit Just Made a Second Amendment Ruling That Will Leave You Shaking Your Head.

Young vs. Hawaii by streiff

The Hawaii case is a slam dunk as the facts are nearly identical to Bruen, but the other cases are interesting. The Supreme Court seems to be saying that state laws banning large-capacity magazines and assault weapon bans are illegal. This is Maryland’s list of prohibited long arms; there is also a list of banned pistols.

Forcing courts to use the strict scrutiny and historical use tests, the large-capacity magazine cases and the assault weapon case will have a hard time surviving. Large-capacity magazines have been around for years and are the most common variety. Moreover, the sheer volume of assault weapons in private hands will make it hard to restrict ownership.