Thursday, February 22, 2018

From CNN: Supreme Court lets California gun control laws stand

Sometimes the Supreme Court decides by deciding not to decide.

- Click here for the article.

The Supreme Court declined Tuesday to take up two gun-related cases out of California, maintaining its reluctance to dive back into the debate concerning the scope of the 2nd Amendment. 
In an unsigned order, the court let stand a ruling upholding California's law mandating a 10-day waiting period and another imposing fees on firearm transactions to fund background checks. 
The court's order comes at a sensitive time as the country is reeling from the latest school shooting in Parkland, Florida. 
The denials also signal the court remains unwilling to take another look at several lower court rulings 10 years after its landmark opinion that found for the first time that the 2nd Amendment protects an individual has a right to own a firearm in the house, drawing a scathing dissent from conservative Justice Clarence Thomas, who accused the court of sidestepping the issue.
The California law requiring a 10-day waiting period was challenged by a firearm owner and the gun-rights group Second Amendment Foundation, who argued it was unfair for people who already owned firearms to have to wait the same amount of time as first-time purchasers who were undergoing background checks during that time.| 
While a lower court sided against the firearm owners, the 9th US Circuit of Appeals upheld the state law, and Tuesday's Supreme Court action means it will remain in effect.
The second case involves gun owners and the National Rifle Association challenging a California law that imposes fees on all firearms transactions in order to pay for background checks. When there is a surplus of funds, the money is diverted to fund law enforcement programs dedicated to tracking down individuals who unlawfully possess firearms. 
Lawyers for the challengers argued in court papers, "while constitutionally protected conduct may be subject to generally applicable taxes and fees, it may not be singled out for special monetary extractions designed to profit from, or worse still, discourage the exercise of the constitutional right."