Supreme Court Punts On Three Gun Rights Cases

The Supreme Court appears to be taking the Democrat’s threat to pack the court very seriously because they are avoiding some important cases.

On Monday the court punted on a case dealing with the right to carry and refused to take two cases regarding non violent felons who wanted their rights restored, Bearing Arms reported.

The Court has been considering whether or not to grant cert in New York State Rifle & Pistol Association v. Corlett for several weeks now, and a good chunk of the Second Amendment community has become increasingly skeptical that the Court will accept any case dealing with the right to keep and bear arms, even with the addition of Justice Amy Coney Barrett to the bench.

That skepticism is likely to increase thanks to other actions the Court took on Monday, denying cert in cases called Folajtar v. Garland and Flick v. Garland. As the Cato Institute explained the Folajtar case:

“Lisa Folajtar pled guilty in 2011 to federal tax fraud, a felony, which is punishable by up to three years’ imprisonment. She was sentenced to three years’ probation, including three months of home confinement. She also permanently lost her right to keep and bear arms,” The Cato Institute said.

“According to federal law, a person convicted of a ‘a crime punishable by imprisonment for a term exceeding one year’ is prohibited from possessing any firearm or ammunition. Folajtar wants to obtain firearms and ammunition to defend herself and her family within their home as well as a Federal Firearms License for Archery Addictions, LTD, a Pennsylvania corporation of which she is president.

“She filed suit in federal court challenging the law as it applied to her, arguing that her Second Amendment rights should not have been stripped because she did not pose a threat to public safety. A divided panel of the 3rd Circuit rejected her constitutional challenge. The majority endorsed a test used by several federal appeals courts which limits the Second Amendment to “virtuous” citizens—citizens who have not committed a serious criminal offense. The Court concluded that Congress’s designation of her offense as a felony indicated that Folajtar’s offense was serious,” it said.

The Flick v. Garland, filed in 1987, is similar as “Ken Flick was convicted of criminal copyright violation and smuggling for importing counterfeit cassette tapes.”

“Flick served a four-and-a-half month sentence in a halfway house, successfully completed community service and probation, and made restitution to the Recording Industry Association of America. Flick has no other criminal record. A notable inventor, Flick is a peaceful, law-abiding citizen active in philanthropic, religious and civic affairs. Yet on account of his counterfeit cassette tape convictions, 18 U.S.C. § 922(g)(1) permanently bars Flick’s possession of firearms,” it said.

The decisions to not take the cases shows an increase in the cowardice of the court to take on cases dealing with guns.

And it has created a panic among many conservatives that whatever draconian gun laws are passed by Democrats the court will avoid hearing challenges to them.

“While we are disappointed the the Supreme Court chose to allow grossly improper lower court rulings to stand, FPC will continue our aggressive litigation strategy and immediately move forward to litigate new challenges in various circuits to address serious constitutional questions including the proper test for Second Amendment cases, unconstitutional lifetime bans, and other restrictions not supported by history, tradition, or evidence,” Firearms Policy Coalition Senior Director of Legal Operations, Adam Kraut said.

The other case the court took no action on, New York State Rifle & Pistol Association v. Corlett, involves a challenge to the state of New York’s practice of only issuing carry licenses to those who can prove they need special protection.

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