This morning, Mark Smith (Four Boxes Diner) released this video about the 2024/2025 SCOTUS term.
I have a few questions (some of which I have posed before but I'm not sure we reached any consensus):
1. If the court granted cert. to SNOPE (originally and perhaps still BIANCHI), could the question presented to the court and/or a decision in the case be broad enough to include:
a. ban-by-name AW laws?
b. mag. bans?
2a. Have any of the cases regarding age restrictions for adults under 21 y/o been decided in favor of the states restrictions?
b. If not, couldnt the SCOTUS merely deny cert. and thereby give us the win?
IANAL but I would posit that the answers are:
1a. Yes since semi-auto firearms as a class are ubiquitous even if certain makes/models are less common therefore all SAs are protected arms that cannot be banned.
1b. Yes if the Maryland AW ban statute includes a provision for fixed mag. SAs whose magazines hold more than X number of rounds like Californias law does (I believe it does). Perhaps the answer is "no, not directly" but precedent in such a hardware ban case should in theory filter down to the mag. cases--like it was supposed to have done after HELLER.
2a. Really not sure but I was under that impression.
2b. Yes though it would not be as strongly supportive of the 2A as a published SCOTUS decision or, to a lesser extent, a GVR in the instance where the appellate courts decision had supported the law.

Comment