2A Newsletter Week of May 24th

Photo Soruce: Shutterstock via Allexxandar

Supreme Court Declines Challenge to Maryland Assault Weapons Ban

On Monday, the Supreme Court declined to hear a challenge to a Maryland law banning the sale of certain semi-automatic firearms, commonly referred to as "assault weapons," such as AR-15s, along with large capacity magazines. This refusal came despite arguments from gun rights groups that the ban violates the Second Amendment of the U.S. Constitution. The Supreme Court typically does not provide reasons for declining to hear a case.

The case, known as Bianchi v. Brown, is still under consideration by the 4th Circuit Court of Appeals. The plaintiffs argued that semi-automatic rifles like the AR-15 are protected under the Second Amendment and that banning them is unconstitutional. This legal battle follows the Supreme Court's 2022 ruling in New York State Rifle & Pistol Association v. Bruen, which set a new standard for gun regulation. According to this ruling, state gun control laws must align with the historic tradition of firearm regulation in the United States.

Maryland's law prohibits firearms classified as “assault weapons” and bans magazines capable of holding more than ten rounds. Maryland Attorney General Anthony Brown has vigorously defended the law, stating that it is essential for public safety.

While the Supreme Court's decision not to review the case is a setback for gun rights advocates, the 4th Circuit Court of Appeals pending decision remains a critical factor. The plaintiffs argued that the appeals court had taken too long in its decision and sought immediate intervention from the Supreme Court.

Maryland is one of ten states with laws banning "assault weapons." However, there has been significant pushback from the courts against such bans in recent years. Notably, California recently faced rulings against its "assault weapons" ban and legislation requiring background checks for ammunition purchases. The outcome of the Bianchi v. Brown case could affect similar laws across the country.

Photo Source: Shutterstock via Allexxandar

Victory for Gun Rights: Federal Judge Halts Biden's Background Check Rule in Texas!

Texas and several gun rights organizations scored a significant legal victory on Sunday when a federal judge temporarily blocked a gun control rule from the Biden administration. This rule aimed to regulate private firearm sales by requiring individuals who "earn a profit" from selling guns to conduct background checks and obtain a federal firearms license, regardless of how and where they sell their merchandise.

Federal Judge Matthew Kacsmaryk ruled that the Biden administration could not enforce this policy against Texas or members of several gun rights groups. In his 14-page ruling, Judge Kacsmaryk stated that the rule likely violates the Administrative Procedure Act (APA) and does not align with the "Bipartisan Safer Communities Act" (BSCA), which the Justice Department cited in its justification for the policy. Due to this determination, he found it unnecessary to evaluate the other arguments made against the rule.

“Plaintiffs understandably fear that these presumptions will trigger civil or criminal penalties for conduct deemed lawful just yesterday,” Judge Kacsmaryk wrote. “Other Plaintiffs face both civil and criminal enforcement actions for engaging in conduct that the BSCA permits but the Final Rule impermissibly forbids.”

This decision applies to Texas, Gun Owners of America, Gun Owners Foundation, Tennessee Firearms Association, and Virginia Citizens Defense League. However, the judge ruled that Louisiana, Mississippi, and Utah failed to demonstrate standing and did not issue the temporary injunction in their favor.

These regulations infringe on Second Amendment rights and could criminalize private sales between family members and friends without background checks or federal licenses.

Texas Attorney General Ken Paxton expressed relief at securing a restraining order to prevent the rule from taking effect. “The Biden Administration cannot unilaterally overturn Americans’ constitutional rights and nullify the Second Amendment,” Paxton said.

Gun Owners of America President Erich Pratt praised the ruling, stating, “President Biden and his anti-gun administration have aggressively pursued an agenda meant to harass, intimidate, and criminalize gun owners and dealers at every turn. This ruling is a compelling rebuke of their tyrannical and unconstitutional actions that purposely misinterpreted federal law to ensure their preferred policy outcome.”

While the rule is set to broadly go into effect on Monday, it will be on hold in Texas and for the involved gun rights groups until June 2, pending further litigation.

Stand with Dexter Taylor: Fight for Justice and Our Second Amendment Rights

We need your support for one of our community members, Dexter Taylor, who has been unjustly sentenced to 10 years in prison on Rikers Island in New York, after being arrested in 2022 for building his own firearms. Dexter’s case could become a landmark Second Amendment case in light of the Bruen ruling handed down in the same year.

Dexter, a 52 year-old New York native and a software engineer with a spotless record, discovered gunsmithing during the COVID-19 lockdowns and decided to pursue it as a hobby. Unfortunately, when a joint ATF/NYPD task force discovered he was lawfully purchasing parts from various companies, they launched an investigation that led to a SWAT raid on his home and his arrest and incarceration.

Throughout the trial, Dexter faced significant bias, including a judge who explicitly prohibited any mention of the Second Amendment, stating, “Do not bring the Second Amendment into this courtroom. It doesn’t exist here.” Despite these challenges, Dexter's defense lawyer, Vinoo Varghese, remains committed to fighting this case, even if it means taking it to the U.S. Supreme Court.

In support of Dexter, this week we will donate 10% of your purchase amount to Dexter's GiveSendGo campaign to assist with his legal expenses, along with giving you a 5% discount on your order. Simply use the code DEXTER5 at checkout to receive your discount and to contribute to this important cause. You can learn more about Dexter’s case and directly support his campaign here.

We stand with Dexter in this fight for justice and the protection of our Second Amendment rights.

Thank you for your support.