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The U.S. Supreme Court declined to hear two cases challenging separate state bans on so-called assault weapons and high-capacity magazines on Monday.
The court declined to hear cases arising out of Maryland and Rhode Island relating to state regulations on AR-15-style rifles and high-capacity magazines, respectively. The cases had been submitted to the Supreme Court after lower courts upheld the bans in the face of challenges.
Justices Samuel Alito, Clarence Thomas and Neil Gorsuch disagreed with the majority’s decision and said they would have liked to have reviewed the cases.
With respect to the Maryland ban, the Supreme Court’s decision upholds the 4th Circuit Court of Appeals’ ruling, which states that authority to ban AR-15-style rifles is consistent with the 2nd Amendment.
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The 4th Circuit argued in its ruling that granting AR-15s constitutional protection based on their common use would mean that any dangerous weapon “could gain constitutional protection merely because it becomes popular before the government can sufficiently regulate it.”
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Lawyers arguing against the ban claimed the Supreme Court had a duty to “ensure that the Second Amendment itself is not truncated into a limited right to own certain state-approved means of personal self-defense.”
While the court declined to take up the issue in this case, Justice Brett Kavanaugh stated that, “In my view, this Court should and presumably will address the AR-15 issue soon.”
Thomas, one of the three justices who sought to review the Maryland case now, was more blunt in his dissent.
“I would not wait to decide whether the government can ban the most popular rifle in America,” Thomas wrote. “That question is of critical importance to tens of millions of law-abiding AR-15 owners throughout the country.”
The gun cases come as the Supreme Court has been inundated with challenges to President Donald Trump’s agenda, from his economic and regulatory policies to his anti-illegal immigration efforts.
The Supreme Court is expected to hand down rulings relating to several of these topics in the coming weeks.
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