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Is SCOTUS Gearing Up To Take On “Assault Weapon” Ban Case Snope v. Brown?

The ongoing legal battles surrounding so-called “assault weapon” bans have intensified as the U.S. Supreme Court (SCOTUS) may soon weigh in on the controversial issue through the case of Snope v. Brown. This case challenges Maryland’s ban on certain semi-automatic firearms, and its outcome could have far-reaching consequences for gun laws across the country. Various legal experts and gun rights organizations are paying close attention, as it has the potential to shape Second Amendment rights in a significant way. Let’s break down the case and how it might unfold.

The Case at Hand: Snope v. Brown

The Case at Hand Snope v. Brown
Image Credit: Copper Jacket TV

Snope v. Brown centers around Maryland’s Firearm Safety Act of 2013, which was passed in the wake of mass shootings like Sandy Hook. The law bans specific semi-automatic firearms, commonly referred to as “assault weapons.” According to a video by Phil Reboli from Gun Owners of America (GOA), the ban targets firearms that meet specific criteria, such as having a folding stock or being equipped with a flash suppressor. Maryland’s law, like many others in blue states, has been controversial, and GOA has supported a petition for SCOTUS to review the case.

Unconstitutional Ban

Unconstitutional Ban
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This isn’t Maryland’s first time in court over this issue. When the law was initially passed, various local organizations and gun owners challenged it, citing the Second Amendment. However, the law has withstood these legal challenges in the Fourth Circuit Court of Appeals, where judges ruled that the ban is constitutional. Now, the case has made its way to the Supreme Court, which has yet to decide whether it will hear the case.

SCOTUS’ History with Assault Weapon Bans

SCOTUS’ History with Assault Weapon Bans
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According to Cam Edwards, writing for Bearing Arms, SCOTUS has previously avoided diving headfirst into the “assault weapon” debate. But things could be different this time. Edwards points out that Maryland’s Attorney General, Anthony Brown, recently sought a delay in the Supreme Court’s consideration of the case. However, SCOTUS only granted a two-week extension, not the full month Brown requested. This is being seen by some as a sign that the Court is unwilling to delay this issue any further, perhaps indicating that they are seriously considering taking on Snope v. Brown.

Why This Case Matters: Implications for Other States

Why This Case Matters Implications for Other States
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If the Supreme Court does grant certiorari and takes up Snope v. Brown, the stakes are enormous. In a video from Copper Jacket TV, host William emphasizes that this case isn’t just about Maryland – it could impact similar bans in states like California, Illinois, Washington, and New York. If SCOTUS rules against Maryland, many of these state laws could be struck down as unconstitutional. This could pave the way for a nationwide re-examination of semi-automatic rifle bans.

What the Court Could Consider

What the Court Could Consider
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In this case, one of the central legal questions is whether these bans violate the Second Amendment’s protection of the right to keep and bear arms. Phil Reboli notes that the Fourth Circuit Court of Appeals upheld Maryland’s law by classifying these firearms as “weapons of war” and not protected by the Second Amendment. However, GOA and other gun rights advocates argue that semi-automatic rifles are in “common use” for lawful purposes like self-defense, which is a critical standard set in the Heller and Bruen Supreme Court rulings.

Intermediate Scrutiny

Intermediate Scrutiny
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In the Bruen decision, SCOTUS explicitly rejected the application of intermediate scrutiny (a legal test that balances government interest with individual rights) in Second Amendment cases. This could signal a significant shift in how courts approach gun control laws. Phil Reboli pointed out that Maryland’s law had previously been upheld using this now-rejected scrutiny test, so there’s a strong argument that the Supreme Court could find Maryland’s ban unconstitutional.

The Political Climate

The Political Climate
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Given the polarized political climate around gun rights, this case could have broad societal implications. Cam Edwards suggests that there are likely four Supreme Court justices – Gorsuch, Alito, Thomas, and potentially Kavanaugh – who are ready to hear Snope v. Brown. Kavanaugh, in particular, has a record of dissenting in cases involving “assault weapon” bans, arguing that semi-automatic rifles are protected under the Second Amendment.

The remaining question is whether Chief Justice Roberts will cast the deciding vote. Edwards speculates that Roberts’ decision to grant only a short extension to Maryland could indicate that he is leaning toward hearing the case and potentially striking down the ban. If this happens, it would represent a seismic shift in Second Amendment jurisprudence, with ripple effects felt across the entire country.

What Happens Next?

What Happens Next
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According to attorney Mark Smith of Four Boxes Diner, the next big date to watch is December 13, 2024, when the case is expected to be discussed in SCOTUS’ conference. If the Court decides to take up the case, oral arguments could be heard as early as next spring, with a final decision expected by the end of June 2025.

“Make it Make Sense”

“Make it Make Sense”
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People in the video’s comments had a lot to say: “So the guns we use in the military, to defend our country and our constitution, aren’t protected by the constitution? Make it make sense”

One person said: “They will take the case, grumble to themselves and kick it back down to the lower courts. They will hear it again in 10 years and do the same thing.”

Another commenter added: “Well, let’s pray the Justices follow the constitution.”

A Historic Moment?

A Historic Moment
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The implications of Snope v. Brown stretch far beyond Maryland. If the Court rules that bans on semi-automatic rifles are unconstitutional, it would not only strike down Maryland’s law but also have a profound impact on similar laws across the nation. As William from Copper Jacket TV notes, this could be a monumental victory for gun rights advocates and a significant blow to states trying to impose similar restrictions.

Looking Ahead

Looking Ahead
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While it’s impossible to predict exactly how the Supreme Court will act, the growing momentum behind Snope v. Brown suggests that this case could be a landmark decision in the ongoing debate over gun control in America. Advocates on both sides of the issue will be watching closely, as the outcome could reshape Second Amendment rights for generations to come.

Influence on Gun Control Laws

Influence on Gun Control Laws
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What are your thoughts? How do you think a SCOTUS ruling on Snope v. Brown could influence gun control laws in other states? Should semi-automatic firearms be classified as “weapons of war” and thus excluded from Second Amendment protection, or are they commonly used for lawful purposes like self-defense?