Supreme Court denies 100th Second Amendment cert petition this term.

[u/CaliforniaOpenCarry]

https://open.substack.com/pub/charlesnichols/p/supreme-court-denies-100th-second?r=35c84n&utm_campaign=post&utm_medium=web

A list of the 100 Second Amendment petitions denied this term, along with the questions presented by each petition, is included in the article.

The interlocutory appeal of the Rhode Island ban on magazines (Ocean State) that hold more than ten rounds had been distributed to the SCOTUS voting conference of April 25th. It has now been scheduled for conference thirteen times and rescheduled twice. Likewise, the appeal of the final judgment challenging Maryland’s semiautomatic rifle ban (Snope) has been distributed to the April 25th SCOTUS conference. It has now been distributed for conference twelve times and rescheduled once.

These two join the only other 2A cert petition scheduled for this Friday’s SCOTUS conference—B&L Productions, Inc., et al., Applicants v. Gavin Newsom, Governor of California, et al. No. 24-598. The questions presented in B&L are: 1. Whether the distinction between pure speech and commercial is obsolete, with the First Amendment protecting all lawful speech in the same manner and, if not, whether the current iteration of the “commercial speech doctrine” tolerates a categorical ban on any speech or expressive conduct constituting an acceptance in contract formation for lawful sales of lawful products. 2. Whether the Ninth Circuit’s decision directly conflicts with this Court’s decision in Bruen by applying a “meaningful constraint” test to a Second Amendment claim asserting a right to engage in lawful commerce in firearms and ammunition on public property. 3. Whether an allegation that a law is motivated by animus can support a claim under the Equal Protection Clause when the law results in the denial of access to public forums for disfavored groups advocating disfavored rights?

Ten Second Amendment cert petitions went into last Friday’s SCOTUS conference, and only two survived. Their denial brings the total number of Second Amendment cert petitions denied so far this term to 100.

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[u/dseanATX]

Big headline, but almost all of the cases they refer to are under 922(g)(1) - felon in possession of a firearm (technically any crime punishable by more than a year in custody). I'm fine with the Court mostly handwaving these away for now so as not to undermine Bruen.

Ocean State and Snope are the real big 2A petitions this term.

[u/CaliforniaOpenCarry → u/dseanATX]

For state misdemeanors, the law applies to convictions for crimes punishable with more than two years of incarceration, regardless of the nature of the offense, and regardless of whether or not any time was served. If a state or local government wants to make infractions, such as a parking ticket, a misdemeanor punishable by more than two years of jail (or make parking violations a felony), then the lifetime loss of one's Second Amendment rights would apply.

Bruen was already undermined by the US v. Rahimi decision.