
The U.S. Supreme Court declined to hear appeals of state bans on semi-automatic weapons in New York and Connecticut amid resurgent debates on gun control following the Orlando massacre.
The Courts decision to not hear the two appeals Shew v. Malloy and Kampfer v. Cuomo upholds federal appeals court rulings in which judges found that the bans were constitutional.
Connecticuts semi-automatic weapon ban was signed into law on April 2013, four months after the Sandy Hook massacre in which 20 children and six school employees were killed by Adam Lanza. The law expanded an existing ban by outlawing dozens of rifle models able to hold high-capacity ammunition.
June Shew, a gun sports enthusiast in his 80s, challenged the Connecticut law that prohibits 183 specific weapons calling the measure irrational.
California, Hawaii, Maryland, Massachusetts, New Jersey, Connecticut and New York have variations of assault weapons bans.
Although the Sig Sauer MCX rifle used in the Pulse nightclub massacre in Orlando is not specifically banned in Connecticut or New York, the language of the laws can potentially cover the weapon. Forty nine people were killed in the June 12 rampage by lone gunman Omar Mateen.
These guns have an established track record of disproportionate use in the most serious gun crime incidents mass shootings and killing of law enforcement, Connecticut Attorney General George Jepsen said when arguing the Supreme Court should not hear the case.
#1: Vicomte13 To: cranky (#0)
Vicomte13 posted on 2016-06-20 15:14:43 Reply Private Reply
#2: misterwhite To: cranky (#0)
I see. Because one person used one semi-auto rifle to kill people, all semi- auto rifles should be banned.
And if one Muslim kills people?
misterwhite posted on 2016-06-20 15:18:18 Reply Private Reply
#3: tpaine To: misterwhite, Y'ALL (#2)
And misterwhite has approved the power of those States to ban such weapons...
Why?
tpaine posted on 2016-06-20 15:53:20 Reply Private Reply
#4: TrappedInMd To: cranky (#0)
TrappedInMd posted on 2016-06-20 16:32:20 Reply Private Reply
#5: nolu chan To: cranky (#0)
A Supreme Court denial of cert does not mean it decided to uphold the lower court. It means the Court, for whatever unstated reason, decided not to hear the case. The vast majority of petitions for cert are denied. As a result, the opinion of the lower court stands in the 2nd Circuit only.
This is what the 2nd Circuit said. Heller and McDonald are obfuscated at pages 19-28 of the 57-page opinion.
http://ccdl.us/blog/uploads/2015/10/Shew-v-Malloy-207-1-opinion-CCDL.pdf
New York State Rifle & Pistol Assn, Inc., et al. v. Cuomo, et al.
Connecticut Citizens Defense League, et al. v. Malloy, et al.
2nd Cir., Nos. 14-36-cv (Lead); 14-37-cv (XAP), (19 Oct 2015)
nolu chan posted on 2016-06-20 17:40:28 Reply Private Reply
#6: tpaine To: nolu chan, cranky, Y'ALL (#5)
And, as a result, the opinion of the USSC stands in the 2nd Circuit only.
Opinions of the SCOTUS, and lower courts, do NOT change our Constitution, they only reflect opinions as they stand at the time, and to the case at hand. -- We do not lose our rights as a result of such opinions. Opinions can be changed by later courts.
Our rights are inalienable/unalienable.
tpaine posted on 2016-06-20 19:04:24 Reply Private Reply
#7: SOSO To: tpaine, nolu chan, cranky (#6)
Tell that to a person in CT who wants to buy a semi-auto rifle.
SOSO posted on 2016-06-20 19:20:35 Reply Private Reply
#8: tpaine To: SOSO, y'all (#7)
Our rights are inalienable/unalienable.
No need. They are already well aware that creeps exist that try to take them away.
They're also well aware that they can buy whatever they want in adjoining States, or on the black market, and ignore their state 'law'.
Our rights are inalienable/unalienable, and stupid laws/opinions will never take them away.
tpaine posted on 2016-06-20 19:46:09 Reply Private Reply
#9: paraclete To: misterwhite (#2)
all muslims should be banned, Dump has said it already
paraclete posted on 2016-06-20 20:21:51 Reply Private Reply
#10: GrandIsland To: nolu chan (#5)
You don't expect non yella written articles posted by Paultards, do ya?
GrandIsland posted on 2016-06-20 20:23:28 Reply Private Reply
#11: packrat1145 To: nolu chan (#5)
I agree. I also believe that, given the current makeup of the US Supreme Court, this outcome may be for the better. At least now, the possibility exists to try again once Scalia is replaced, hopefully with favorable results; whereas, if the Court had agreed to hear the case now, the result might very possibly be either a 4/4 tie or a 5/3 ruling against the plaintiffs. A tie might not be terrible; but, it would be hard to overcome an outright loss. So, waiting until there are once again nine justices might be well worth the delay.
packrat1145 posted on 2016-06-20 20:53:48 Reply Private Reply
#12: nolu chan To: packrat1145 (#11)
As four of the justices (Roberts, Kennedy, Thomas, Alito) who formed the majority in Heller and McDonald are still there, it is likely the Court would have split 4-4. Foreseeing deadlock may have been a contributing factor in not hearing the case.
nolu chan posted on 2016-06-20 22:20:54 Reply Private Reply
#13: packrat1145 To: nolu chan (#12)
packrat1145 posted on 2016-06-20 23:37:10 Reply Private Reply
#14: Roscoe To: cranky (#0)
Roscoe posted on 2016-06-21 00:39:09 Reply Private Reply