Credit: William Kirk, Washington Gun Law
Hello again everyone, and welcome to watching a Gun Law tv. I'm watching a gun law president William Kirk. Thanks for joining us. Hey, I did not want to click bait everybody here, so I want you to understand that I am connecting some dots and I'm reading some tea leaves. We're going to make that disclosure early on so that you understand what it is that I am talking about. But as we know, we have a really huge assault weapon ban case that right now is pending review before the United States Supreme Court in the matter of Snoop v. Brown. We all want that case to be accepted for review. We want that case to be accepted for review. Right now, we are trying to read the T leaves as to how likely is it that the Supreme Court will accept review. Well, if you take a look at what's happened in another assault weapon ban case, this one out of the state of Delaware, and you see what the Supreme Court is doing, you might be able to connect some dots and they might be all very positive connections. I'll explain in just a moment. So today, let's spend a minute and let's talk about a positive development in the assault weapon ban cases.
Okay, listen, before we get going too far down the road, we're going down proud to announce that this video is being brought to us by the Sonoran Desert Institute. That's right. Get ready to launch your career in the firearms industry today. Get ready to start defending the inalienable rights of millions of Americans nationwide, and most importantly, arm yourself through education online programs that will fit just about anybody's needs. For more information, visit my good friends at Sonoran Desert institute@sdi.edu or check 'em out in the description box below. Okay, America. So the case we're going to talk about today is Gravy Jennings, but in turn, we're going to end up talking about Snope v Brown. Now, gravy Jennings is a challenge to Delaware's assault weapon ban. It too is on petition for Ccy to the United States Supreme Court, but the issue to be decided in the Gravy Jennings case is far different because that case is still in an interlocutory phase or what we call somewhere before the end of the game.
Now, here's the thing. The issue presented in Gravy Jennings is whether the infringement of Second Amendment rights constitutes per se, irreparable injury because that deals with whether or not injunctive relief should have been granted at the earlier phase in this particular litigation. Now, here's the other thing I want you to be aware of. At the time that this petition was filed, the state of Delaware had not responded, but they have now been ordered by the United States Supreme Court to have a reply in before the end of November. What does that mean to us laypeople? What it means is they want to schedule Gravy Jennings for conference. We also know that Snoop v Brown is going to be scheduled for conference at some point as soon as State of Maryland gets their act together, which is going to be by November 12th. Now, here's the thing I want you to be aware of.
Okay? If the United States Supreme Court were to just accept one big, huge assault weapon ban case and try to resolve all of the issues that come with it, one of the issues that would need to be resolved is if we're asking for injunctive relief, what exactly is the test in order to get the big pause button put on this law while litigate this case? Because as I mentioned, the issue here in Gravy Jennings is actually, does a violation of the Second Amendment right constitute irreparable harm? As we know when we're talking about trying to get an injunction, in a nutshell, we have to show, number one, that we are suffering from irreparable harm. And number two, that we are likely to prevail on the merits of the argument in every other Circuit court except for the third circuit. Any other violation of any other constitutional rights such as a First Amendment right or something like that is per se, irreparable harm.
Therefore, we proceed to the next step. Are they likely to prevail on the merits? But in the third Circuit, shockingly, shockingly, even though there's an allegation of a violation of a Second Amendment right, the third circuit believes that there are still additional factors which must be proven before you get to the finding of irreparable harm. Why is it important that you get injunctive relief? Well, it's because candidly, the money damages that you get at the end of a civil lawsuit, they will never make you whole for a violation of a constitutional right as the petitioners had pointed out in their original petition in a suit for the violation of one of these fundamental constitutional rights. The remedy at law money damages is wholly inadequate due to the intangible nature of the harm that has been suffered. And this court has stated in the context of the freedom of speech, the loss of First Amendment freedoms for even minimal periods of time unquestionably constitutes irreparable injury.
And as I mentioned, if we're talking about any other type of constitutional rights, an alleged violation of that does constitute a irreparable harm except for Second Amendment rights. In the Third circuit, as the petitioners pointed out, the panel below acknowledged that this is the rule that applies under the First Amendment in step with every other federal court of appeals, but it somehow concluded that it does not apply to the Second Amendment. Okay? So the issue in Gravy Jennings is what is the appropriate test for injunctive relief when challenging assault weapon bans, magazine bans, and things such as that. And then of course, the issue in Sno v Brown is, does an assault weapon ban and a magazine ban even pass constitutional muster? Why am I encouraged by the United States Supreme Court demanding Delaware respond to this? It's this is because they clearly want to send the Gravy Jennings case out to conference as well.
We know that Snoop v Brown is going to be sent out to conference as soon as sometime after November 12th when the state of Maryland has been ordered to reply to that. And if the United States Supreme Court or to actually just take a gigantic omnibus assault weapon ban case, then the two cases that consolidate would in fact be the Snope case out of Maryland and the Jennings case out of Delaware, because that would not answer the definitive and final question, but it would also give courts guidance as to when to apply injunctive relief when these challenges are being made. Because if you think that the Supreme Court making rulings is somehow or another going to stop some of these legislatures held bent on civilian disarmament, well, you just haven't been watching this channel or some of the others long enough yet. Okay, so the case we're talking about today is Gravy Jennings.
It's the Delaware assault weapon ban case. We will link it up down below, since we talked about Snoop v Brown, the Maryland Assault Weapon ban case, we will link that up below so you guys can geek out on both of them. If you got any questions about this or anything else related to what's left of our Second Amendment rights, you guys should know how to get ahold of Washington and Gun law by now. But if you don't, that's okay. That information's down there in the description box. If you got an idea for a video we should be doing around here, great. Tell us by clicking on that link right there, let us know. It's probably going to be better than any idea we come up with. If all you want to do is subscribe to our monthly newsletter, the ability to do all of that is right down there in the description box. And then finally, and most importantly, let's everyone remember that part of being the lawful and responsible gun owner, like we talk about all the time here, is to know what the law is in every situation and how it applies to you in any instance that you may find yourself. Until next time, thanks for watching and stay safe.