Another hammer blow came on Thursday. Orders issued by the Court vacated decisions by the Third, Fourth, and Ninth Circuits and returned them “for further consideration in light of New York State Rifle & Pistol Assn., Inc. v. Bruen.”
Issue: A New Jersey law limiting magazine capacity to 10 rounds was upheld.
The Hawaii case is a slam dunk as the facts are nearly identical to Bruen, but the other cases are interesting. The Supreme Court seems to be saying that state laws banning large-capacity magazines and assault weapon bans are illegal. This is Maryland’s list of prohibited long arms; there is also a list of banned pistols.
Forcing courts to use the strict scrutiny and historical use tests, the large-capacity magazine cases and the assault weapon case will have a hard time surviving. Large-capacity magazines have been around for years and are the most common variety. Moreover, the sheer volume of assault weapons in private hands will make it hard to restrict ownership.