Buckeye Reporter

Federal courts are reportedly defying U.S. Supreme Court authority, with the Sixth Circuit Court of Appeals being a recent example. The Supreme Court is urged to address this by granting certiorari in Oakland Tactical Supply v. Howell Township, a case from Michigan.

Oakland Tactical was denied permission by Howell Township to create and operate a 1,000-yard shooting range due to zoning regulations. Other circuits have determined that the Second Amendment protects activities related to firearms training and practice.

In New York Rifle and Pistol Association v. Bruen, the Supreme Court established a new methodology for reviewing Second Amendment cases: the two-step text and history standard. This requires examining if government action implicates the Second Amendment text and then determining if historical examples support such restrictions.

The Sixth Circuit's three-judge panel did not follow this methodology in its decision on Oakland Tactical. The panel argued that Bruen and other Supreme Court decisions only concern self-defense with firearms, stating that since self-defense is not justified at 1,000 yards, Howell Township’s denial does not violate the Second Amendment.

Critics argue that this interpretation ignores other aspects of the Second Amendment, such as hunting, competitive shooting, and training. They believe SCOTUS must address this case to ensure lower courts adhere to its directives.

Gary Marbut, president of the Montana Shooting Sports Association, emphasized the importance of long-distance shooting ranges for hunters and competitive shooters in Montana. He expressed concern over federal courts limiting the scope of the Second Amendment to short-distance shooting.

Marbut stated: "This is why SCOTUS must take the Oakland Tactical case and use it to tamp down on rogue federal courts that make up disingenuous reasons to ignore firm and clear direction from SCOTUS."

The outcome of Oakland Tactical’s cert petition will reveal whether SCOTUS can enforce its authority over lower courts.

Republished with permission from AmmoLand.