The United States Supreme Court has decided not to hear cases challenging Maryland’s ban on “assault weapons” and Rhode Island’s restriction on “large capacity” magazines. The decision, made on June 2, was reached with a 3-6 vote. Justices Clarence Thomas, Samuel Alito, and Neil Gorsuch were in favor of granting the writ of certiorari. Justice Brett Kavanaugh voted against hearing the cases but suggested that the court might address these issues in future sessions.
The case Snope v. Brown contested Maryland’s prohibition on “assault weapons.” The Fourth Circuit Court of Appeals had previously ruled against the challengers, stating that firearms like AR-15s are not protected under the Second Amendment.
Justice Thomas dissented from the denial of certiorari, arguing that AR-15s are commonly used and should be protected based on the Supreme Court’s Heller decision. He criticized the appeals court for improperly shifting the burden of proof onto plaintiffs under Step 2 of the Bruen test standard.
The Second Amendment Foundation (SAF), which filed Snope v. Brown, expressed disappointment at the Supreme Court’s refusal to hear their case. They emphasized that while Justice Kavanaugh hinted at future consideration of similar cases, this does not immediately help those affected by current bans.
Ocean State Tactical v. Rhode Island challenged a state law banning magazines holding more than ten rounds. The gun community often refers to these as “standard” capacity magazines rather than “large,” as they typically come with firearms.
Justice Gorsuch indicated it might only be a matter of time before both an “assault weapons” ban and a magazine capacity case reach the Supreme Court again due to ongoing lower court cases addressing these issues together.
