Explore The NRA Universe Of Websites

Supreme Court (Again) Punts on the Second Amendment, Leaves Voters to Carry the Ball

Friday, December 11, 2015

Supreme Court (Again) Punts on the Second Amendment, Leaves Voters to Carry the Ball

On Monday, the U.S. Supreme Court declined to review a decision of the U.S. Court of Appeals for the Seventh Circuit that upheld a Chicago-area “assault weapons” ban against a Second Amendment challenge. This was the second time this year that the Supreme Court refused to hear a Second Amendment case, thereby allowing a broad gun control law to stand. As in that previous case, the court’s decision drew a strong rebuke from Justices Antonin Scalia and Clarence Thomas.

The Seventh Circuit case was Friedman v. Highland Park. As our analysis noted, the majority’s reasoning was unusually strained. For example, they suggested that even if the ban's infringement of Second Amendment rights had no beneficial effect on safety whatsoever, it could still be justified by the false sense of security it might impart to local residents. A dissenting judge wrote, “Both the ordinance and this court’s opinion upholding it are directly at odds with the central holdings of [the Supreme Court’s decisions in] Heller and McDonald.”

Justice Scalia – author of Heller – chastised his colleagues for refusing to take the case. He was joined in dissent by Justice Clarence Thomas. “[N]oncompliance with our Second Amendment precedents,” they argued, “warrants this Court’s attention as much as any of our precedents.”

Scalia elaborated on how the lower courts have ignored the Supreme Court’s prior Second Amendment decisions in upholding bans on highly-popular rifles like the AR-15. “The question under Heller is not whether citizens have adequate alternatives available for self-defense,” he wrote. “Rather, Heller asks whether the law bans types of firearms commonly used for a lawful purpose—regardless of whether alternatives exist.”

“Roughly five million Americans own AR-style semiautomatic rifles,” Scalia explained. Moreover, the “overwhelming majority of citizens who own and use such rifles do so for lawful purposes, including self-defense and target shooting.”
Under our precedents,” he concluded, “that is all that is needed for citizens to have a right under the Second Amendment to keep such weapons.”

For now, the Supreme Court at large has seemingly abdicated its duty to protect Americans’ fundamental Second Amendment rights. Meanwhile, anti-gun politicians like Hillary Clinton are increasingly bold in promoting their prohibitionist agenda.

You don’t have a vote at the Supreme Court, but you will have one in the 2016 presidential election. Scalia warned that if the views of Highland Park and the Seventh Circuit prevail, “then the Second Amendment guarantees nothing.” When it comes to your vote for president, it should therefore mean everything.

TRENDING NOW
What Does the Texas NFA Decision Mean for You?

News  

Wednesday, August 12, 2026

What Does the Texas NFA Decision Mean for You?

On August 5, 2026, Judge Wesley Hendrix of the U.S. District Court for the Northern District of Texas held that the National Firearms Act’s registration and approval requirements for suppressors, short-barreled rifles, and short-barreled shotguns ...

Federal Court Strikes Down NFA Registration Requirements for Suppressors, Short-Barreled Rifles, and Short-Barreled Shotguns in NRA Case

Wednesday, August 5, 2026

Federal Court Strikes Down NFA Registration Requirements for Suppressors, Short-Barreled Rifles, and Short-Barreled Shotguns in NRA Case

In another major victory for the National Rifle Association and law-abiding gun owners, the U.S. District Court for the Northern District of Texas today held that the National Firearms Act’s registration and approval requirements for ...

M14s Added to CMP Roster

News  

Monday, August 3, 2026

M14s Added to CMP Roster

Since 1903, the Civilian Marksmanship Program (CMP) has served a critical role in promoting America’s continued excellence in marksmanship and firearms safety by providing firearms education, training, and competitions nationwide

NRA Joins Legal Fight Against Colorado’s Permit-to-Purchase Law for Semiautomatic Firearms

Wednesday, August 12, 2026

NRA Joins Legal Fight Against Colorado’s Permit-to-Purchase Law for Semiautomatic Firearms

The National Rifle Association has joined the legal fight against SB25-003, Colorado’s permit-to-purchase scheme for certain semiautomatic firearms.

DOJ Challenges Maryland County for Violating Constitutional Rights

News  

Monday, August 10, 2026

DOJ Challenges Maryland County for Violating Constitutional Rights

When the federal government no longer sits on the sidelines and files its own lawsuit to protect the Second Amendment, pay attention. When the federal government is not just offering another amicus brief about their ...

Want a Violence-Free Transit System? Disarm the Law-Abiding and Post Signs!

News  

Monday, August 10, 2026

Want a Violence-Free Transit System? Disarm the Law-Abiding and Post Signs!

The Chicago Transit Authority’s (CTA) public transit system has long been chancy for ordinary commuters, as documented by the excellent local crime reporting website, CWB Chicago.

NRA Experts Hard at Work on ATF Rules—Protecting Your Rights Every Step of the Way

News  

Monday, August 10, 2026

NRA Experts Hard at Work on ATF Rules—Protecting Your Rights Every Step of the Way

When big news hits the Nation’s Capital, everyone notices. But a lot of the real work that keeps your Second Amendment rights strong happens quietly, deep in the federal rule-making process. 

Supplemental Brief Filed in NRA-Supported Duncan v. Bonta Highlights Circuit Split Created by NRA’s Victory in ANJRPC v. Attorney General of New Jersey

Friday, August 7, 2026

Supplemental Brief Filed in NRA-Supported Duncan v. Bonta Highlights Circuit Split Created by NRA’s Victory in ANJRPC v. Attorney General of New Jersey

The Petitioners in Duncan v. Bonta, an NRA-supported challenge to California’s ban on magazines capable of holding more than ten rounds, have filed a Supplemental Brief urging the U.S. Supreme Court to grant review and ...

DOJ Withdraws Appeal in Challenge to Post Office Firearms Ban

News  

Monday, July 27, 2026

DOJ Withdraws Appeal in Challenge to Post Office Firearms Ban

Another significant victory has emerged in the ongoing effort to roll back unconstitutional restrictions on the right to bear arms in places that millions of law-abiding Americans visit every day in every state in towns ...

NRA Files Lawsuit Challenging New York’s Glock Ban

Friday, August 14, 2026

NRA Files Lawsuit Challenging New York’s Glock Ban

The National Rifle Association, Second Amendment Foundation, Firearms Policy Coalition, the Firing Pin, LLC, and NRA members Lucas Nelson and Daniel Geary filed a lawsuit today challenging New York’s ban on Glock and “Glock-style” handguns.

MORE TRENDING +
LESS TRENDING -

More Like This From Around The NRA

NRA ILA

Established in 1975, the Institute for Legislative Action (ILA) is the "lobbying" arm of the National Rifle Association of America. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution.