Significant Developments in the Assault Weapon Ban Case

Significant Developments in the Assault Weapon Ban Case by William Kirk

Hello again everyone. Welcome to Washington Gun Law tv. I am Washington Gun Law President William Kirk. Thanks for joining us. Hey, we're going to circle back on the assault weapon ban cases. And as you know, there are in fact three cases that we've been very carefully watching. Two of them are actually connected with assault weapon bans. One of 'em has to do with magazine ban. One of 'em is in a strange procedural posture. But if you want to know why all three of these cases are so intimately interconnected, you can geek out on this video right here. Listen, I've said all along that I think a major development in one of 'em would probably likely lead to a major development. All three of 'em. We have news of a major development in one of those cases, and I do think this bodes well for the future. So today, let's slow it all down. Let's geek out and let's talk about significant developments in the assault weapon ban case. So today we're trying to figure out just how effective is stop box. And the best way to test that is to put it to test with some of our nation's youngest and brightest kids, college kids. So with the help of gun law and junior there behind the camera, we've got some of our local kids who are home for Christmas break. Let's see how they do. Okay, so why don't you give me your first name, your university and what you're studying in.

Speaker 2:

Yeah. Herbert UDub, engineering Civil Eugene, studying computer science at Cal State Fortson. My name's Mel. I'm at WSU and I'm studying mechanical engineering. Sheldon UDub, quantum physics.

Dude, what's going on here? You told me to get college kids. I said college kids. I didn't say engineering majors. I'm like, so psych PoliSci, something like that. What's going on? Science is what I could get. You need to hang out with dumber friends. Alright gentlemen, this is how this is going to work today. I have here $500, okay? That'll buy you a lot of beer or pizza or whatever the heck it is you guys spend your money on. One of you gets into this box. The money's yours. Have fun. I don't know, man. We give up. You guys are giving up, huh? Yep, sir. Really? Okay. Well, looks like I get to keep the money, but thanks for being here guys. Thank you.

Thank you, sir. Thank you. Hey Sheldon, I read that paper you did about variability of measurements in quantum physics. Oh yeah. So, man, stop box, protect your family while protecting your family. Okay, America, here's what we're talking about. Let's get you up to speed real quick. As you know, we have been carefully following the case. Ofn v Brown. This is a challenge to Maryland's assault weapon ban case. It is completely finished. It is ripe for the taking. That case has been kicking around, not yet. Set the conference out there in the United States Supreme Court. Then there's the case of Ocean State Tactical versus Rhode Island. This is a challenge to Rhode Island's Magazine. Ban it too has completely been argued to fruition. It too is kicking around in conferences, actually already been rescheduled a couple of times. And then the third case, the case that I'm a little bit surprised that the United States Supreme Court has taken as much interest, but they have absolutely taken interest in.

This is the case of Gravy Jennings, which is a challenge to Delaware's assault weapon ban case. But remember the challenges about what the standard should be for an injunction. So this case comes to the Supreme Court basically at the end of the second quarter of the football game as they're heading into halftime, alright? But the Supreme Court, which normally doesn't take cases in that posture, has shown an extreme amount of interest. Now, for those of you who've been following the horse race between these three cases, you will know that Ocean State Tactical got to the finish line first. And what I mean by that is they had all of their briefings in not only from the plaintiffs, but from the defendants. And it was scheduled to go out to conference. But then at the last second, rather than being sent out to the Supreme Court justices for conference, it gets rescheduled.

Why? Well, then we started connecting the dots and we realized it got rescheduled because Maryland had been taking its suite all time, getting their response pleadings in had asked for multiple extensions in the Snope case and had been granted a couple of them. So suddenly the Ocean State case gets continued to around the same time that the pleadings are due in Snope v. Brown. But then let us also remember that while they're waiting for the pleadings, Onno v Brown, the state of Delaware was also dragging its feet in the case of Gray v Jennings. And ultimately around the same time, thatno v Brown's pleadings finally got completed. The pleadings from the state of Rhode Island came in on Gravy Jennings. Now, at that time, the Supreme Court would've had to wait 14 days unless the attorneys for the plaintiffs decided to waive that 14 day weeding period under Supreme Court Rule 5.5, which is exactly what the attorneys in Gravy Jennings did.

And they requested, and this is important, they requested that the case be sent out to conference on January 10th. Okay? Last night geeking out trying to figure out what we're going to be doing videos on today. Looked at all three of the dockets, and lo and behold, there is a huge development in the Gravy Jennings case, okay? Because Gravy Jennings is now scheduled for conference on January 10th. Okay? Gravy Jennings, the Delaware assault weapon ban case that deals with what is the standard of proof in order to get an injunction is being set the conference on January 10th. Now, at the time that I recorded this video, I had, again, this morning, check the dockets in Sno v. Brown and again in Ocean State tactical verse, Rhode Island. There was no updates on either one of them at the time of the recording of this video. But we're going to link up all three of the dockets down below because I do encourage all of you to carefully watch this.

If all of a sudden you see the Snope case get scheduled for January 10th, and you see the Ocean State case get scheduled for January 10th, there is going to be a very important conference about how many, if not all of these cases, are accepted and consolidated. Now, this is why this is really, really important. It's obviously very important because we really do need to resolve this issue, okay? These unconstitutional bans that are popping up in state after state, after state need to be terminated and need to be terminated right away. But the other big thing is as time is running out on US America, because if this case or these cases don't get scheduled for late spring, well then we're waiting until the next Supreme Court term, which will be in October of 2025 before those cases could be heard. At this point, we're already pushing up against that.

Now, here's the other thing you need to be aware of, is in between the end of this term and the start of next term, could you potentially have judicial retirements and then a whole new appointment process that is possible, the probability of which we're not going to get into today. So it's immensely important if we want to resolve this issue once and for all that the SN case gets sent out to conference on January 10th, as well as the Ocean State tactical case. So we're going to need to carefully, carefully watch that. But the fact that the Supreme Court has shown so much interest in Gravy Jennings and already scheduled it for conference, and you consider where that case is from a procedural posture, nature compared to the other two, candidly, much more significant cases, this all bodes extremely well for what we are hopeful for.

Okay? Listen, like I said earlier, we're going to link up all the dockets down below so that you guys can track along for yourself 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 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, cool. Tell us all about it. Click on that link right there and let us know. If all you want to do is subscribe to our monthly newsletter, you can do that just by checking out all the information down there in the description box. And then finally, and most importantly, America, let's 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.

Credit: William Kirk, Esq. Washington Gun Law