Fact Check: Supreme Court May Soon Challenge Assault Weapons Bans
What We Know
The claim that the Supreme Court may soon challenge assault weapons bans is grounded in ongoing legal developments regarding state-level restrictions on certain firearms. As of November 2024, various cases are pending that could potentially lead to Supreme Court review. Notably, the case of Snope v. Brown, which challenges Maryland's assault weapons ban, has a cert petition filed and is awaiting the Court's response. This follows a pattern where the Court has previously denied petitions regarding assault weapon bans, citing insufficient factual records at the preliminary injunction stage, as seen in the case of NAGR v. Naperville.
The Supreme Court's recent decisions indicate a cautious approach to taking up cases related to gun rights, particularly those involving high-profile issues like assault weapons. Justice Thomas has expressed the need for the Court to clarify which weapons are protected under the Second Amendment, indicating that a challenge to assault weapons bans could eventually reach the Court, especially as more cases develop a robust factual record (source-1).
Analysis
The assertion that the Supreme Court may soon challenge assault weapons bans is partially true. While there are ongoing cases that could lead to such a challenge, the Court's history of rejecting petitions due to procedural issues suggests a cautious approach. For example, in the case of NAGR v. Naperville, the Court denied certiorari primarily because the case was still at a preliminary stage, lacking a fully developed factual record (source-1).
Moreover, the Supreme Court has recently declined to hear two gun rights cases, which further underscores its current reluctance to engage with this contentious issue (source-3). However, the landscape is evolving, and cases like Snope v. Brown could change the Court's stance if they present a more developed factual basis for review.
The sources consulted provide a mix of legal analysis and factual updates on the status of litigation concerning assault weapons bans. The reliability of these sources is generally high, particularly the legal analysis from Duke University's Firearms Law website, which is known for its comprehensive coverage of firearms law and litigation. In contrast, news articles from outlets like NBC and AP provide timely updates but may lack the depth of legal analysis found in specialized legal publications (source-3, source-6).
Conclusion
The claim that the Supreme Court may soon challenge assault weapons bans is partially true. While there are significant cases in the pipeline that could lead to such a challenge, the Court's recent behavior suggests a cautious approach to taking up these issues. The evolving nature of the legal landscape surrounding assault weapons means that while a challenge is possible, it is not imminent without further developments in the factual records of these cases.
