WASHINGTON, July 2 (Reuters) - The U.S. Supreme Court
turned away appeals challenging a Democratic-backed ban in
Illinois on assault-style rifles such as AR-15s and sidestepped
several other gun-related disputes on Tuesday, though it already
has agreed to hear one major firearms case in its next term
concerning homemade "ghost guns."
The justices declined to hear a group of cases appealing a
lower court's rejection of the argument raised by challengers
that the Illinois ban violates the U.S. Constitution's Second
Amendment right to keep and bear arms.
The justices also ordered lower courts to re-examine
challenges to New York state's Democratic-backed law that bars
firearms in numerous "sensitive places" and to federal laws that
prohibit gun possession by people convicted of serious crimes
and users of illegal drugs.
In these cases, the justices directed the lower courts to
reassess their various decisions in light of the Supreme Court's
June 21 ruling in a case called U.S. v. Rahimi that upheld a
federal law banning domestic abusers from having guns.
The Supreme Court in April agreed to decide the legality of
a federal regulation aimed at reining in "ghost guns" as
President Joe Biden's administration combats the increasing use
of these largely untraceable weapons in crimes nationwide. It is
set to hear the case in its next term, which starts in October.
The justices took up the administration's appeal of a lower
court's decision finding that the Bureau of Alcohol, Tobacco,
Firearms and Explosives (ATF) exceeded its authority in issuing
the 2022 rule targeting parts and kits for ghost guns, which can
be assembled at home in minutes.
The court in the nine-month term it has just completed
issued a pair of important gun rulings. In addition to the
Rahimi decision, the justices on June 14 rejected a federal ban
on "bump stock" devices that enable semiautomatic weapons to
fire rapidly like machine guns.
ILLINOIS LAW
The Illinois law bans the sale and distribution of many
kinds of high-powered semiautomatic "assault weapons," including
AK-47 and AR-15 rifles, as well as large-capacity magazines. It
was passed in 2023 after a massacre at a 2022 Independence Day
parade in the Chicago suburb of Highland Park that killed seven
people.
The Chicago-based 7th U.S. Circuit Court of Appeals ruled in
2023 that the challengers were unlikely to prevail, in part
because the Second Amendment does not apply to the banned rifles
and magazines, which it concluded "are much more like machine
guns and military-grade weaponry than they are like the many
different types of firearms that are used for individual
self-defense."
The Supreme Court, in a landmark 2008 ruling expanding gun
rights, noted that "M-16 rifles and the like" are not protected
under the Second Amendment. The Supreme Court on May 20 also
declined to hear a challenge to Maryland's assault rifle ban.
Justice Samuel Alito indicated he would have heard the
Illinois cases, while fellow conservative Justice Clarence
Thomas in an opinion voiced doubt about the 7th Circuit's
decision on the state's ban. Thomas said the matter was still at
a preliminary stage and the justices should review it in due
course.
The availability of assault rifles, which are popular among
gun enthusiasts, continues to provoke fierce debate in a nation
bitterly divided over how to address persistent firearms
violence including frequent mass shootings.
The Supreme Court, which has a 6-3 conservative majority,
has taken an expansive view of Second Amendment rights.
In 2022, it recognized a Second Amendment right to carry a
handgun in public for self defense, striking struck down New
York state gun limits. That ruling established a legal standard
requiring such measures to be comparable with the nation's
"historical tradition" of firearm restrictions in order to
comply with the Second Amendment.
However, the Rahimi ruling clarified that modern gun
restrictions need only a historical "analogue," not a "twin,"
signaling the limits of the Bruen standard.
The New York law now at issue, enacted after the Bruen
ruling, prohibits possessing a gun in "sensitive" locations such
as courts, government buildings, schools, medical offices,
public parks, theaters and New York City's popular Times Square.
The cases concerning the scope of the ban on felons owning
guns included challengers convicted of nonviolent crimes, such
as Bryan Range, a Pennsylvania man convicted of welfare fraud.
The Biden administration appealed a judicial decision that
applying the ban to Range violated his Second Amendment rights.
The administration also appealed a judicial decision backing
an admitted marijuana user caught with guns in his car who
claimed the drug user gun ban violated his Second Amendment
rights. This is the same law under which Biden's son, Hunter
Biden, was convicted last month in Delaware.