The Supreme Court just sent shockwaves through the gun rights community by refusing to hear two high-profile Second Amendment challenges: Snope v. Brown and Ocean State Tactical v. Rhode Island.
Both cases targeted bans on AR-15-style rifles and standard-capacity magazines—laws that gun owners across the country hoped SCOTUS would finally strike down.
The National Shooting Sports Foundation (NSSF), the firearm industry’s trade association, called the Court’s denial deeply disappointing. NSSF had funded the Ocean State challenge and warned that the justices were allowing lower courts to continue undermining the Second Amendment.
“We respectfully disagree with Justice Brett Kavanaugh’s statement,” the NSSF wrote, referencing his comment that the Court should wait another “Term or two” before stepping in.
NSSF instead praised Justice Clarence Thomas, who dissented strongly: “I would not wait to decide whether the government can ban the most popular rifle in America. That question is of critical importance to tens of millions of law-abiding AR–15 owners.”
Alan Gottlieb of the Citizens Committee for the Right to Keep and Bear Arms (CCRKBA) echoed that frustration, noting that Snope v. Brown was a case of “critical national importance” for Maryland residents who want access to America’s most popular rifle.
“Our primary concern is that American gun owners will have to once again wait for the high court to accept a case and determine whether state level bans violate the Constitution,” he said. Gottlieb acknowledged the Court’s overloaded emergency docket but found hope in Kavanaugh’s suggestion that review may still come soon.
But Washington Gun Law’s William Kirk didn’t hold back. In a scathing video breakdown, Kirk slammed the Court’s refusal as a “bloodbath” for gun rights. “We got ourselves a 6-3 conservative majority, do we?” he asked sarcastically, accusing Kavanaugh of issuing a “feckless apology letter” rather than a meaningful dissent.
Kirk cited Thomas’ blistering opinion, which shredded the Fourth Circuit’s rationale that AR-15s aren’t protected by the Second Amendment. Thomas argued the burden should be on the government to prove a ban is consistent with the nation’s historical tradition—a burden Maryland hasn’t met.
As Kirk put it: “This is a massive slap in the face.”
Justice Thomas wrote, “Our Constitution allows the American people—not the government—to decide which weapons are useful for self-defense. A constitutional guarantee subject to future judges’ assessments of its usefulness is no constitutional guarantee at all.”
For gun owners in states with existing bans, Kirk says this means more pain ahead. “Better buckle up. They’re coming full blast for your firearms and magazines,” he warned.
While Kavanaugh and others hinted that future assault weapons cases could bring clarity, 2A advocates say they’re done waiting.
As Kirk bluntly summarized: “These cases were exactly what the United States Supreme Court said they always wanted… but they really don’t want to resolve this case now, do they?”
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