The United States Supreme Court has set an official conference date of December 13 to decide if the High Court will hear Snope v. Brown, a case directly challenging Maryland’s assault weapon ban, addressing whether states can legally ban semi-automatic rifles such as the AR-15, commonly owned and used by law-abiding citizens. While some say this case has the potential to redefine the future of firearm legislation across the nation, the fact that arguments are so deeply rooted in precedent set by earlier landmark Second Amendment decisions such as District of Columbia v. Heller (2008) and New York State Rifle & Pistol Association v. Bruen (2022) makes one wonder, haven’t we been here before?
It has been over a decade and a half since Heller affirmed that firearms “in common use” for lawful purposes cannot be banned, a principle further solidified just over two years ago when Bruen held that firearm laws must be consistent with the nation’s historical tradition of firearm regulation, rejecting the use of “means-end” tests by future courts when evaluating firearm restrictions. These precedents are central, and one could say redundant, to the arguments outlined in Snope v. Brown, however, that has not stopped states like Maryland from enacting laws that fly in the face of previous SCOTUS rulings.
I feel SCOTUS should simply hold lawmakers in contempt of court, and wish they would, yet here we are yet again being forced to re-litigate inalienable rights concisely recognized by the Constitution as the government uses our own tax dollars to fight us at every level of the judicial system. But I digress.
By Darwin Nercesian