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2nd Amendment cases work their way through SCOTUS
by Jeff Gross, contributing writer
The course of the Second Amendment at the US Supreme Court (SCOTUS) just took another very positive turn for the better. There are now 4 cases involving the carrying of firearms in public. The 4th and latest is the Young vs State of Hawaii. This case will address the issues of carrying a firearm in plain sight on one’s person. This case may also address whether an American actually must have a permit to exercise a Constitutional right. There are some serious ramifications with the latter. Entire volumes of anti-gun laws may topple.
The Rhode Island Senate and House have been quiet regarding 2A at the moment of this writing. It appears the powers to be are taking a smart and prudent “wait and see” approach with the cases at SCOTUS, and the fact the cases are currently streaming in only adds more weight to that approach.
The decided Cranston, Rhode Island Caniglia case’s impact is already being felt nationwide as SCOTUS vacated the 8th Circuit Court of Appeals decision today against Teresa M. Graham of Minneapolis. SCOTUS then ordered the 8th circuit to rehear Ms. Graham’s case in light of the Caniglia vs Strom decision. The Caniglia case was a major surprise in the respect that the decision would be 5 to 4 or maybe 6 to 3 in Mr. Caniglia’s favor. Turns out it was unanimous – 9 to 0 in Mr. Caniglia’s favor. Never saw that coming. My appreciation for SCOTUS jumped exponentially. This may herald major changes coming…
Another major noteworthy case is the Miller High-Capacity Case. On Friday, federal Judge Roger Benitez declared California’s Anti High-Capacity Firearm Law unconstitutional. This decision was reported to me 34 minutes after its announcement by a good friend while he was on holiday in Pennsylvania. Judge Benitez shredded the reasoning provided by the state of California for the ban. This case is heading to SCOTUS, ultimately, unless the New Jersey High-Capacity case or the Maryland High-Capacity case beats it to the punch and high-capacity firearm bans are overturned earlier. The New Jersey case is in SCOTUS right this minute and is going through proceedings.
Stay tuned…
Editor’s Note: Thirty-one states allow the open carrying of a handgun without a permit or license. Fifteen states require a permit to carry a handgun. Five states prohibit people from openly carrying handguns in public. In some open carry states firearms are still prohibited in specific locations, such as churches, schools, public transportation, places where alcohol is sold, and state-owned buildings. Restrictions can also vary depending upon type of firearm – handguns and long guns, etc.
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Jeffrey “Jeff” Gross spent 21 years as an Analytical Chemist at the USCG R&D Center in Groton, Connecticut, Woods Hole Laboratories, and Helix Technologies. Changing careers is a “great learning experience for everyone”, Jeff says, and I’m an avid outdoorsman and conservationist, a student of the sciences, and the world. The US holds too many wonders not to take a chance and explore them”.
Jeff is the Model Train and Railroad entrepreneur. Proud Golden Retriever owner. Ultra strong Second Amendment Advocate and Constitutionalist. “Determined seeker of the truth”.
Jeff is a RIFGPA Legislative and Legal Officer, Freshwater Chairman, NRA Liaison.
His subjects include Outdoors, Second Amendment, Model Railroading, and Whimsical.
He can be reached at: [email protected]