On the morning of May 5th, gun rights advocates tuned in once again to Washington Gun Law’s livestream, hosted by attorney William Kirk. For the third time, he got up early to walk his audience through the U.S. Supreme Court’s orders list, hoping that long-delayed gun rights cases – Snope v. Brown and Ocean State Tactical v. Rhode Island – would finally see action. But like so many weeks before, the outcome was a disappointing one: “a big fat nothing burger.”
Kirk announced to viewers that neither case had been accepted, denied, nor even acknowledged in a per curiam opinion. “It’s getting old,” he said, clearly frustrated, “I scramble to get in front of the computer, and what do we do? We talk about a big fat nothing.”
Snope and Ocean State: Stuck in Limbo
The Snope and Ocean State cases are considered crucial. Both challenge bans on so-called assault weapons and high-capacity magazines, and either could serve as a nationwide reset button for similar laws. Yet, as William Kirk pointed out, the cases have now been through twelve separate conferences at the Supreme Court with no action.
“These cases will just never end,” Kirk sighed. While he acknowledged there were no outright denials, the continued delay sends a message: the Court isn’t eager to jump into the Second Amendment fight just yet. Meanwhile, states like Illinois, California, and Washington continue enforcing bans that remain untouched by the highest court in the land.
A History of Delay
Over on Copper Jacket TV, host William echoed the same frustration. He reminded viewers that both cases have been sitting at the Supreme Court for over nine months. “To me,” he said, “that is the definition of justice delayed.” The Court has been swift to act on cases from the DOJ and executive branch, yet when it comes to constitutional freedoms, the justices appear to hit the brakes.
William also pointed out that by now, the Court usually relists the cases for the following week. This time, even that didn’t happen. With no new conference scheduled until May 15, it may be another two weeks before anyone hears anything again.
Is Duncan the Real Target?
One possible explanation for the continued delay may lie in another case: Duncan v. Bonta, the California magazine ban case. William from Copper Jacket noted that Duncan is a fully “baked” case. It’s been tried twice in district court, passed through the appellate process, and now sits on a final judgment – exactly the kind of case the Supreme Court says it prefers.
Unlike Snope and Ocean State, which are appeals from preliminary injunctions, Duncan represents a final ruling on the merits. That may make it a more attractive vehicle for the Court to issue a definitive Second Amendment ruling. As Copper Jacket William put it, “They want a cake that’s been tried. That’s Duncan.”
What’s a Per Curiam Anyway?
During his livestream, William Kirk speculated on whether the Court might issue a per curiam opinion – a short, unsigned ruling made by the Court as a whole. While some viewers believed this could happen, Kirk wasn’t convinced. “A per curiam is usually reserved for something non-controversial,” he explained, citing Caetano v. Massachusetts, a 2016 stun gun case, as a rare Second Amendment example.
He doubted the Supreme Court would use such a method to address an issue as explosive as “assault weapon” bans, noting the strong public divide on the topic. “I don’t believe this is going to be a per curiam type thing,” he stated.
Public Frustration Grows
Both William Kirk and Copper Jacket’s William commented on the growing public frustration over the Court’s silence. Many in the gun rights community feel ignored, especially when compared to how quickly other issues move through the legal system.
“People have had their rights infringed,” Copper Jacket William said. “You see how fast they move when it’s a government agency involved. But when it comes to your freedom, your rights? They drag their feet.” This, he argued, shows that the Second Amendment is still treated like a “second-class right”, despite previous rulings like Bruen saying otherwise.
A Pattern That’s Hard to Ignore
This isn’t the first time gun rights supporters have felt left behind. William Kirk mentioned how the Court denied BNL Productions v. Newsom, another Second Amendment case, just a week earlier. That case also had the potential to address broad legal questions about firearms and state regulation but was tossed aside with no explanation.
With more cases stacking up, including Miller v. Bonta in California, Kirk warned the Court that they can delay all they want, but these challenges aren’t going away. “At some point, it’s going to have to be resolved by the Court,” he said. “We’d like to see it resolved by this Court, not one that’s less friendly to our rights.”
A “Baked Cake” or a Burned One?
The idea that the Court wants fully resolved cases like Duncan rather than preliminary injunctions is both reasonable and frustrating. It makes sense from a legal standpoint – they want the whole record, all the arguments, expert testimony, everything neat and tidy. But while they wait for that, real people in real states are being forced to give up their rights.
That’s the part that really sticks. How can courts let laws stand that limit your rights, then ask you to wait a year or more while your case bakes in the oven? As Kirk put it, “They can run from this issue, but they can’t hide from it.”
My Thoughts on the “Nothing Burger”
This whole situation feels like watching someone promise you a big, juicy steak dinner, and instead you get a cold piece of toast. Week after week, gun owners are being told to “hold on just a bit longer” while the Supreme Court apparently has better things to do. If this were any other constitutional issue, free speech, privacy, voting rights, you can bet we’d have answers by now.
What’s even more frustrating is that the Bruen decision was supposed to clarify things. It told lower courts to stop playing games with balancing tests and follow the Constitution. But without enforcement from above, those lower courts are ignoring it, and the Supreme Court is letting them.
Will the Court Step Up?
There’s still hope that Duncan could be the case that finally breaks the silence. William from Copper Jacket seemed cautiously optimistic that Duncan’s clean record and strong dissents might force the Court to act. If they take both Duncan and Snope, it could deliver a two-for-one ruling that finally answers the major questions gun owners have been asking for years.
But that’s still a big if. The Court hasn’t inspired much confidence lately, and gun rights advocates are running out of patience. As both Williams pointed out, people are watching, waiting, and wondering when, if ever, the Court will stop stalling.
Another Week, Still No Justice
So here we are. Monday has come and gone, and for the 138th week in a row, Snope and Ocean State remain unanswered. No denial. No acceptance. No opinion. Just a blank page where justice should be.
As William Kirk said while signing off, “One of these days we’re going to do this and actually have big news. But in the meantime, all of you keep fighting.” That’s the only option right now – keep fighting, keep watching, and hope the Court finally gets its act together.
A former park ranger and wildlife conservationist, Lisa’s passion for survival started with her deep connection to nature. Raised on a small farm in northern Wisconsin, she learned how to grow her own food, raise livestock, and live off the land. Lisa is our dedicated Second Amendment news writer and also focuses on homesteading, natural remedies, and survival strategies. Lisa aims to help others live more sustainably and prepare for the unexpected.