Supreme Court Ruling: A Defeat for the NRA

Photo courtesy of The Big Bang Store located in Coral Springs.

Photo courtesy of The Big Bang Store located in Coral Springs.

By: Roy Trachtenberg

It was a legal victory for those that back gun legislation when the Supreme Court upheld the right of a city to restrict the sale and ban of assault weapons and large-capacity magazines.

These are the types of guns that have been used in mass shootings from Sandy Hook to San Bernardino. The court, by a majority vote of 7 – 2 decided not to consider an appeal by gun rights advocates and let stand a law by Highland Park, Ill. that banned the sale or possession of semi automatic guns that carry more than ten rounds in a single ammunition clip or magazine.

This suggests that the majority of the court does not see the Second Amendment as protecting a right to own or carry powerful weapons in public.

It’s a defeat for the NRA because this suggests that the majority of the court does not see the Second Amendment as protecting a right to own or carry powerful weapons in public.” in other words, This is the first time that the Supreme Court sided with gun control advocates (the city) by refusing to hear an appeal by the NRA gun advocates. It also indicates that the Second Amendment, which talks about the right to bear arms, does not apply to individual citizens but to State Militia. The Supreme Court did not directly state that, but by refusing to hear the appeal it can be implied.

According to Adam Winkler, UCLA law professor, “The court’s decision will encourage gun control advocates to push more cities and states to enact assault weapons bans.”

Coral Springs city commissioners have received emails and requests that the city pass a law banning these very same type of assault weapons, however, City Attorney John said that the State of Florida is one of the few states that have passed NRA supported laws that bar cities and counties from passing gun control laws. Many gun control advocates believe that this Florida law is unconstitutional.

According to bradycampaign.org, “Millions of guns are sold every year with “no questions asked” transactions. Only 60 percent of all gun sales are conducted with a background check.” In Florida, private sales such as gun show sales are not subject to background checks.  Today, eight states have background checks across all gun sales.  Florida should do the same thing.

Every day, 89 people die from gun violence. Policies such as expanding background checks to cover all gun sales and transactions would help keep guns out of the hands of criminals, felons, domestic abusers, and other illegal purchasers. Background checks are supported by 90 percent of Americans, including the vast majority of gun owners, because they make us all safer.

If Coral Springs can pass a law banning assault weapons with more than ten rounds in a single ammunition clip or magazine, and have complete background check of all gun transactions, this may prevent a tragedy such as what happened in California. However, they can’t because of the NRA influenced gun laws that can only be passed on a state level. This may change through the Supreme Court interpretation of the Second Amendment.

It’s a start at sane legal gun control laws.

About Roy Trachtenberg

avatar Roy Trachtenberg is a retired school administrator. He was born in Miami Beach, Florida but spent 35 years in the New York City school system. He is also a retired assistant professor of Education and one of the first to integrate technology into the classroom which he taught to other teachers. He is a former Dean of Education for a community college trade school where he developed curriculum for 9/11 workers displaced because of the terrorist attack. He is married to Sharon Rosenthal and lives in Coral Springs. He has a daughter and 3 grandchildren.

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  • ACSResident

    I guess I wouldn’t agree 100% with your analysis. SCOTUS not taking up a case doesn’t mean a majority agree with a law, it may just mean they do not want to get into the gun debate. I would suspect the more liberal Jurists do not want a repeat of Heller so they are leaving it to individual states. I am curious why state and redraw prosecutors refuse to try every gun charge brought to them. There are so many ways to get locked up for commuting a crime with a gun. The rest of your article is the same talking points others have said, tried, and seen be inneffective. I wish that the narratives could be about working together on common sense ways to limit criminality, not about attacking legal gun owners, who view the last 80 years as a slow attack on their rights.

  • ACSResident

    I guess I wouldn’t agree 100% with your analysis. SCOTUS not taking up a case doesn’t mean a majority agree with a law, it may just mean they do not want to get into the gun debate. I would suspect the more liberal Jurists do not want a repeat of Heller so they are leaving it to individual states. I am curious why state and redraw prosecutors refuse to try every gun charge brought to them. There are so many ways to get locked up for commuting a crime with a gun. The rest of your article is the same talking points others have said, tried, and seen be inneffective. I wish that the narratives could be about working together on common sense ways to limit criminality, not about attacking legal gun owners, who view the last 80 years as a slow attack on their rights.

  • ACSResident

    Auto correct fail. Redraw is Federal, and commuting is commiting, my apologies

  • ACSResident

    Auto correct fail. Redraw is Federal, and commuting is commiting, my apologies

  • Jared Hamon

    To be fair the Court ruled in Maryland v. Baltimore Radio Show, Inc., 338 U.S. 912 (1950) The denial of certiorari has no other significance than to signal that fewer than four members of the Court deemed it desirable to review a decision of the lower court. This is a matter of “sound judicial discretion.” Considerations for denial of certiorari can be varied. Additionally, dissent on a denial of cert should not be read as indicating that only one person thought the petition should be granted. Such a denial indicates nothing about the merits or demerits of a case

  • shonuffharlem

    Roy horrible article Supreme Court didn’t issue a decision. And that ruling is only binding in that particular Circuit. Also bigger magazines and attachments that make a weapon a so called assault weapon don’t make a gun more powerful. You have a right to your own opinion but not your own facts.

  • Puty

    Wow, what misinformation meant to mislead the masses here!!

    The State of Illinois has it’s own gun laws that allow municipalities to have their own, thus a big reason the Supreme’s didn’t want to get involved! No different than FL, as we have a clear state law that prohibits cities to have their own laws on the subject. Hardly disagreeing with the 2nd Amendment!

    An informed public can see right through your intentions here if they are current on reality. How do you explain San Bernadino, which is located in a State with one of the strongest gun laws? Did you make up your 60% figure on background checks, or are you talking about the ‘bad guys’ purchases from someone on the street (i.e. San Bernadino, they were obtained legally by a friend)?

    Look up all these shootings you are referencing and note that every one of them is in a gun-free zone….you will probably be the first to run to a neighbor to protect you if the s_-t hits the fan!! We all would love that Utopia you want to live in, so tell us where it is please????

  • rome

    The purpose of the second amendment is to protect ourselves against a tyrannical government. once you start letting the government decide what type of protection you’re allowed to have, they will also begin to tell you what kinds of religions you can practice, and what type of articles you can publish. Wake up people. Assault rifles aren’t assault rifles, unless the person behind it uses it as an assault rifle. Shame on the supreme court, who took an oath to uphold the constitution and are now trying to destroy it. Do your homework on history, it just might wake your ignorant ass up.