COURTS LOOKING TO REVIEW 2ND AMENDMENT LAWSUITS

by Bohdan Rabarsky

When our Founding Fathers wrote the Constitution, several states would not ratify it (New York being one of them) unless a Bill of Rights was added.  These rights were vital to the well being of a newly formed country and not one of the Founders Era would ever have envisioned having to fight for those rights 250 years later. 

Welcome to the Biden Era.

Of all the Amendments in the Bill of Rights, the 2nd Amendment has been the most under attack for many years by those wanting to gain control of the ‘masses’. To accomplish that, they first had to disarm those masses, just as Stalin, Mao, Castro & Pol Pot had done.

Recently, court rulings have been striking down anti-gun regulations created by government agencies.  These rulings resulted from lawsuits brought by organizations and individuals against various state officials or federal government agencies.

A three judge panel for the U.S. Court of Appeals for the 5th Circuit has ruled against the ATF’s 80 % Frame Rule, finding that the ATF overstepped it’s bounds in issuing it’s ruling. Fifth Circuit Delivers More Wins for Gun Owners, But Will They Stick at SCOTUS? – Bearing Arms

In another case, Garland v Cargill, SCOTUS has granted “certiorari”, which means they have agreed to review the case. In 2018, then President Trump used an Executive Order to ban bump stocks in the wake of the mass shooting which had taken place at a music festival in Las Vegas. Donald Trump and his ATF overstepped their authority in banning the bump stocks and a lawsuit followed. The suit has worked its way through the court system in the 5th, 6th and 10th Circuit Court of Appeals, before SCOTUS granted certiorari.

SCOTUS also granted certiorari to a 2nd Amendment case in NRA v Vullo. The court will decide whether the New York State Department of Financial Services violated the 1st Amendment Rights of the NRA. SCOTUS Grants Cert to Bump Stock Case – Bearing Arms

Government officials have found that, instead of trying to ban guns through legislation, which is never popular with the public, it’s easier to go after gun owners using state and federal agencies’ regulations.  This way, the government (state or federal) can use taxpayer funds while the gun owners or 2nd Amendment organizations have to raise funds to support the lawsuits. (The gun owner is paying for both sides of these lawsuits fighting for the God given right to bear arms.)

In addition, these agency regulations violate the ‘Separation of Powers” central to the U. S. Constitution, because the Executive branch is taking on legislative powers. 

Hopefully SCOTUS follows the Constitution, which they all took an oath to uphold.