Gun Cases Could Prompt Supreme
Court to Bolster Second Amendment
By Greg Stohr. June 1, 2020
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• Appeals seek nationwide right to carry a handgun in public
• Justices to say as early as Monday whether they'll hear cases
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The U.S. Supreme Court could act as soon as Monday on an array of calls to consider expanding gun rights, including appeals that seek a nationwide right to carry a handgun in public.
The justices are considering a list of 10 appeals that would bolster constitutional firearm protections -- something that, to the frustration of gun-rights advocates, the court has repeatedly refused to do for the last decade. With new Justice Brett Kavanaugh calling for the court to schedule a new Second Amendment case soon, the balance may be poised to tip.
In addition to appeals on public handgun possession, two cases call for the constitutional right to own a semiautomatic assault weapon. Others would tackle a California gun-safety law and the federal ban on direct interstate sales. If the justices grant review, they would probably hear arguments just after the November election and a presidential campaign in which President Donald Trump's support for gun rights could be a key issue.
"They just need to step up and make a choice," said Erik Jaffe, a Washington appellate lawyer who often argues on the side of gun rights. "Are they or are they not actually going to treat the Second Amendment as a constitutional right?"
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"The Supreme Court has control over its docket, so there's really no guarantee that they accept any of the pending Second Amendment cases," Ruben said. "But there certainly are plenty of indications that a number of the justices want to accept another Second Amendment case."
It is well beyond time that 2A rights were favorably settled and clarified.
