Democrat-appointed Justices on the Supreme Court bench have been in the minority since Donald Trump’s first term in office.
Still, Republican-appointed Justices have crossed over to join them numerous times.
But Justice Sonia Sotomayor said one word in a Supreme Court ruling that could upend everything.
The recent Supreme Court decision in Garland v. Cargill is a resounding victory for Second Amendment advocates, with profound implications for future firearm regulation cases. While the majority opinion by Justice Thomas focused on the technical definition of “machinegun” under the National Firearms Act of 1934, it is Justice Sonia Sotomayor’s striking admission in her dissent that semiautomatic firearms are “common” that may upend liberal gun control efforts, particularly in states like Illinois and California.
In her dissent, Justice Sonia Sotomayor, joined by Justices Kagan and Jackson, acknowledged the widespread ownership and use of semiautomatic firearms, noting that these weapons are “common.” This acknowledgment is critical because it aligns with the criteria set forth in the landmark District of Columbia v. Heller decision in 2008. The Heller decision affirmed that the Second Amendment protects firearms that are “in common use” for lawful purposes.
Liberal Justice makes a HUGE mistake
This admission is a powerful tool against the onslaught of anti-gun legislation that aims to restrict or ban commonly owned firearms. Under the Supreme Court’s 2022 decision in New York State Rifle & Pistol Association, Inc. v. Bruen, any firearm regulation must be consistent with the historical tradition of firearm regulation in the United States. Given the millions of semiautomatic firearms owned by law-abiding Americans for self-defense, hunting, and sport shooting, it is clear that such weapons are “common” and thus protected under the Second Amendment.
So-called “assault weapons” bans in states like Illinois and California are now in serious legal jeopardy. These bans target a wide array of semiautomatic firearms that are used daily by millions of Americans. The acknowledgment by Justice Sotomayor that these firearms are common directly undermines the legal underpinning for such bans. It places a heavy burden on ban proponents to demonstrate that their restrictions are consistent with the historical tradition of firearm regulation—a challenge they are unlikely to meet.
The Bruen decision set a high bar for gun control advocates, establishing a two-step framework for evaluating Second Amendment challenges. First, courts must determine whether the regulated conduct falls within the scope of the Second Amendment. If it does, the government must then show that the regulation is in line with the historical tradition of firearm regulation. Since semiautomatic firearms are clearly in common use and clearly within the scope of the Second Amendment, bans on so-called “assault weapons” are likely to fail under this scrutiny.
What this means going forward
This gives gun rights groups such as the National Association for Gun Rights and the Firearms Policy Coalition another argument to use in cases against assault weapons bans. The National Association for Gun Rights is currently in litigation against multiple states over their various assault weapons bans, including Illinois, Hawaii, Connecticut, and Massachusetts. Now liberal Judges will have to use even more mental gymnastics to justify calling AR-15s and like guns ‘uncommon’ given the Supreme Court has unanimously declared them so.
Justice Sotomayor’s dissent inadvertently highlights the disconnect between liberal gun control ambitions and the reality of firearm use in America. While supporters of bans on so-called “assault weapons” claim these laws are necessary for public safety, the reality is that such bans infringe on the constitutional rights of law-abiding citizens to own and use firearms that are widely accepted and commonly used for lawful purposes. The admission that semiautomatic firearms are common destroys the argument that these weapons are uniquely dangerous or outside the bounds of Second Amendment protection.
Justice Sotomayor’s admission that semiautomatic firearms are “common” may be the linchpin in dismantling restrictive gun control laws across the nation. Assault weapons bans in Illinois, California, and other states will face rigorous scrutiny under the framework established by the Bruen decision. As courts continue to evaluate the balance between public safety and individual rights, this acknowledgment of the commonality of semiautomatic firearms will play a crucial role in securing the future of the Second Amendment and preserving the right of Americans to keep and bear arms.
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