William Kirk, President of Washington Gun Law, provides an expert analysis of key developments in assault weapon ban litigation. The discussion focuses on the Supreme Court's potential review of "Snope v. Brown" and the ongoing "Gray v. Jennings" case challenging Delaware's ban, highlighting the critical legal concept of "irreparable injury" in Second Amendment cases.
William Kirk, President of Washington Gun Law, analyzes key assault weapon ban cases like "Snope v. Brown" and "Gray v. Jennings." The Supreme Court's involvement, particularly regarding Delaware's response deadline, signals potential consolidation and review of the "irreparable injury" standard for Second Amendment rights.
The Duncan v. Bonta case, challenging California's magazine ban, is under Supreme Court consideration. A key argument for review, based on the US v. Benson ruling striking down a similar DC ban, has been undercut by the DC Court of Appeals granting an en banc rehearing in Benson. This shifts the legal landscape, potentially influencing the Supreme Court's decision to grant or deny certiorari for Duncan.
The Supreme Court denied review in US v. Peterson, a case challenging the National Firearms Act (NFA) as applied to suppressors. The Fifth Circuit's ruling, which upheld the NFA by likening it to a 'shall issue' licensing scheme, now stands as precedent in that circuit. This decision has significant implications for future Second Amendment challenges to firearms regulations, potentially allowing broader government control over protected arms under the guise of objective licensing.
