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Tuesday, October 5, 2021

Supreme Court Disposes of Three 2A Cases on First Day of New Session

The U.S. Supreme Court opened the new session yesterday and took action on three of five Second Amendment related cases.  Cam Edwards at Bearingarms.com has the details:

Russell v. New Jersey – a case very similar to the pending challenge to New York’s carry laws that the Court will hear next month. Reb Russell II applied for and was denied a concealed carry permit in New Jersey because he failed to show a “justifiable need” to exercise his right to bear arms. Attorney Evan Nappen argued that the state is violating Russell’s rights, and asked SCOTUS to address whether the Second Amendment protects the right to carry arms outside the home for self-defense and whether “the government may deny law abiding citizens their exercise of the right to carry a handgun outside of their homes by conditioning the exercise of the right on showings of need.”

Weber v. Ohio – Mr. Weber was arrested and convicted on a misdemeanor charge of using a weapon while intoxicated, despite the fact that the shotgun he held when officers arrived at his home was unloaded. The Ohio Supreme Court upheld Weber’s conviction in a 4-3 decision, but the dissenting justices argued that the court used an improper standard of review.

Roundtree v. Wisconsin – Leevan Roundtree pleaded guilty to two counts of failing to pay child support almost 20 years ago, and as a result, became a felon and lost his right to keep and bear arms. Twelve years later Roundtree was found in possession of a revolver and ammunition, and was charged with being a felon in possession of a gun. His attorneys were hoping that the Supreme Court would choose to “address one of the most vexing issues that has arisen since District of Columbia v. Heller—whether, and under what standards, a non-violent felon seeking to keep a firearm in his home for self-defense may bring an as applied challenge to a law that permanently strips all felons of their Second Amendment rights.”
Cam noted that the Court previously declined to hear a case related to prohibited persons so it's no surprise they did so as well yesterday.  He also pointed out that the Firearms Policy Coalition's Rob Romano suggested it's possible cert was not granted in the New Jersey case because they did not raise a Second Amendment challenge at the state level.  The Court held two other cases, possibly until they decide the NYSPRA v. Bruen case which is set for arguments this year.

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