WASHINGTON (AP) — The Supreme Court sidestepped a new set of Second Amendment fights Tuesday, declining to hear a challenge to an assault weapons ban in Illinois and sending other gun cases back to lower courts, including a challenge to the law used to convict Hunter Biden.
The moves came after the justices upheld a gun law intended to protect victims of domestic violence, the first guns rights case following a landmark ruling two years ago that expanded gun rights. The court still has another firearm case on its docket for the fall, weighing a Biden administration appeal overregulation of difficult-to-trace ghost guns.
The justices left for another day questions about other state and federal gun restrictions that have arisen in the wake of the 2022 ruling known as Bruen, which said that gun laws must be grounded in historic tradition to stay on the books.
Justice Samuel Alito disagreed with the high court’s decision not to hear a challenge to then Illinois assault weapons ban in the fall. Justice Clarence Thomas referred to the law as “highly suspect” and wrote in a statement that he hopes to take up the case after lower courts reach a final judgment.
The law passed after a mass shooting at a 2022 Independence Day parade in the Chicago suburbs left seven people dead. Ten states and the District of Columbia now have bans on semiautomatic guns often referred to as assault weapons, according to the gun control group Brady, which tracks the legislation.
Another gun case challenging the law used to convict Hunter Biden was sent back to lower courts for another look after the high court’s June decision in the domestic-violence-related gun case.
The justices told the 5th Circuit Court of Appeals to take another look at their ruling that struck down a longstanding ban on drug users having guns. Hunter Biden’s defense attorneys have cited the ruling as they fight the case filed against him for buying a gun during a period when he was addicted to drugs.
The Supreme Court also sent back to lower courts several cases challenging a law against people having guns after they are convicted of crimes. That includes the case of Bryan Range, a Pennsylvania man convicted of misstating his income to get food stamps for his family in 1995. An appeals court decided a lifetime gun ban violated his Second Amendment rights.
The justices also sent back a case challenging a gun law in New York, the same state that gave rise to the high court’s Bruen ruling.
New York passed a new measure after the justices struck down its strict concealed carry law. It opened the door to more people getting licenses while putting restrictions on where guns could be carried, including playgrounds, schools, theaters, places that serve alcohol and buses.
An appeals court blocked parts of that measure but allowed the state to continue banning firearms in certain “sensitive” locations and denying gun licenses to dangerous people.
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The Supreme Court decided not to take on new Second Amendment disputes on Tuesday. The Court refused to hear a challenge to an assault weapons ban in Illinois and sent various other gun cases back to lower courts, including one related to the law used to convict Hunter Biden.
After a groundbreaking ruling two years ago that expanded gun rights, the justices upheld a gun law aimed at safeguarding victims of domestic violence. The Court still has another gun-related case scheduled for the fall, concerning a Biden administration appeal concerning the regulation of hard-to-trace ghost guns.
The Court left unresolved questions about various state and federal gun restrictions that emerged following the 2022 Bruen ruling, which stated that gun laws must have a historical basis to remain valid.
Justice Samuel Alito dissented from the Court’s decision not to review the Illinois assault weapons ban, while Justice Clarence Thomas called the law “highly suspect” and expressed a desire to revisit the case after lower courts finalize their judgment.
The assault weapons ban in Illinois was passed following a mass shooting at a 2022 Independence Day parade in the Chicago suburbs, resulting in seven fatalities. Currently, ten states and the District of Columbia have bans on semi-automatic guns often categorized as assault weapons.
Another gun case challenging the law used to convict Hunter Biden was remanded to lower courts for further review after the Supreme Court’s June ruling in a gun case related to domestic violence.
The Court instructed the 5th Circuit Court of Appeals to reevaluate its decision that invalidated a long-standing ban on drug users possessing firearms. Hunter Biden’s defense lawyers have invoked this ruling in his case involving the purchase of a gun during a period of drug addiction.
The Supreme Court also returned several cases challenging a law prohibiting individuals convicted of crimes from owning guns to lower courts. This includes the case of Bryan Range, a man from Pennsylvania who was banned for life from owning guns after being convicted of fraudulently obtaining food stamps for his family in 1995.
Furthermore, a case challenging a gun law in New York, the same state involved in the Bruen ruling, was also sent back to lower courts. New York enacted new legislation after the Court invalidated its strict concealed carry law, allowing more individuals to obtain licenses but placing restrictions on carrying firearms in certain locations such as playgrounds, schools, theaters, venues serving alcohol, and public transportation. Appeals courts upheld parts of the new law, enabling the state to prohibit guns in specific “sensitive” areas and disallow gun permits for dangerous individuals.
