Because the truth is, this isn’t random. There’s a strategy behind it. And it doesn’t mean that I support it either. If you’re new here, welcome to Guns and Gadgets, where we cover news, politics, and the legal battles that impact our Second Amendment. My goal with this channel is simple, to break down complicated legal and political issues so that everyday Americans understand exactly what’s happening with their rights. So if you care about the Constitution, you love the Second Amendment, and you want to keep track of our government and help keep them in check, then make sure that you subscribe to the channel and turn on notifications so you don’t miss the next update here.

Let’s dive into this one, shall we? Every year, the Supreme Court receives roughly 7,000 to 8,000 petitions asking the court to hear a case. Out of all of those, they typically, typically accept around 60 to 70 cases. That means the court rejects more than 99% of the petitions it receives. Now here’s where things get interesting. Decades ago, the court used to hear more than double that number. Back in the 80s, the court regularly took 150 or more cases per year. Today, the court hears less than half that number. So the modern Supreme Court is already extremely selective.

But when it comes to the Second Amendment cases, the court has been even more cautious. After the Bruin decision in 2022, the Supreme Court fundamentally changed how gun laws are evaluated. Bruin established what’s known as the history and tradition test. In simple terms, the court said that modern gun laws must be consistent with the historical tradition of firearm regulation in the United States. And that decision sent shockwaves through the legal system. Suddenly, dozens of gun laws were challenged across the country. Magazine bans, assault weapon bans, carry restrictions, sensitive places, permit systems, age restrictions, and much more.

Right now, there are dozens of Second Amendment cases moving through federal courts. But here’s the key point. The Supreme Court usually prefers to let lower courts sort things out first. And there’s a concept in the legal world called percolation. It’s more than just coffee. But it means basically letting legal issues develop in the lower courts before the Supreme Court steps in. Instead of jumping in immediately, the court waits to see how different federal courts, different circuits rule, what legal arguments develop, and whether conflicts emerge between courts. Now, once several circuits disagree with each other, then the Supreme Court is more likely to step in and resolve the dispute.

Right now, that process is happening across the country. Some courts are striking down gun laws while others are upholding them. And that disagreement is exactly what eventually forces the Supreme Court to act. Real quick, a huge thank you to CMMG for sponsoring today’s episode. If you are looking for a workhorse tool with reliability and dependability that you can trust, whether it’s for home defense or competition, CMMG’s tools are top tier. I absolutely love my Banshees, which I have paired with CMMG zeroed tubes, you know, cans of stuff. And they’ve now replaced my previous home defense tools.

The CMMG zeroed quieting tubes are very reasonably priced in their workhorses. American made quality you can depend on, so be sure to check them out for your tool needs. And don’t forget, GNG 10 will make you smile. Another reason the court takes fewer cases today is simple philosophy, I think. The current Supreme Court tends to believe that it should intervene less often. In other words, the justices often prefer letting Congress make laws, states regulate their own affairs, and have lower courts handle most disputes. And unless a case presents a major constitutional conflict, the court often declines to hear it.

So when you see a Second Amendment petition denied, it doesn’t always mean the court agrees with the lower ruling. Sometimes it simply means that justices believe the issue isn’t ready yet. I know you and I are both saying, look, if it’s an unconstitutional violation, if it’s an infringement, it’s ready. But I’m there with you. Right now, several major Second Amendment cases are either already before the Supreme Court in the United States, or moving through the pipeline that could force the justices to act. The court has already heard arguments in Wolford v. Lopez, which challenges Hawaii’s law that effectively bans concealed carry on most private property open to the public, unless the owner explicitly allows it, as the vampire rule.

At the same time, several other major petitions are waiting in the wings. For example, Duncan v. Bonta asks whether states can ban so-called large capacity magazines, while National Association for Gun Rights v. Lamont targets the state prohibition on semi-automatic rifles and magazines as well. There are also multiple cases challenging federal prohibited person laws under 18 U.S.C. 922-G, including cases like Duarte v. the United States, which questions whether non-violent felons can be permanently barred but from owning firearms. In other words, the court may appear quiet right now, but the docket is filling up with cases that could determine the future of magazine bans, assault weapon bans, carry restrictions, and even who can legally own firearms in America.

Another thing you may have seen lately is cases being relisted over and over and over and over again. A relist means the court is considering a case for multiple conferences instead of making a quick decision. When that happens, it usually signals that at least one justice is taking a serious look at the case. Sometimes, realistic cases eventually get granted, other times they still get denied. Other reasons you see them get relisted often, routinely, time after time again is because they’re waiting for some justices to write their dissent sometimes. So keep that in mind, too. But relisting usually means that the justices are closely examining the legal questions involved.

Right now, we’re living through what many legal scholars call the Bruin Aftermath. The Supreme Court set a new constitutional standard, but the lower courts are still figuring out how to apply it. You know, instead of just doing it, they’re trying to figure, or some courts are trying to figure ways around. While some courts have followed Bruin’s decision faithfully, again, others have tried to work around. And in several cases, lower courts have issued decisions that appear to directly conflict with the Bruin framework. Eventually, those conflicts will almost certainly force the Supreme Court to intervene again. But historically, the court prefers to wait until the legal battlefield is fully formed.

Several Second Amendment cases could eventually force the court’s hand. Once federal circuit courts reach their conflicting rulings, the Supreme Court typically will step in to resolve the disagreement. And that’s when we could probably see the next major Second Amendment decision. So, if the court keeps declining cases now, what does that mean for us gun owners? Well, it means the real legal battles are currently happening in the federal district courts and in the circuit courts. That’s where the groundwork’s being laid. Those cases will eventually shape the arguments that reach the Supreme Court. And when the court finally does step in again, the ruling could have major national consequences.

So, the bottom line is this. The Supreme Court rejecting Second Amendment petitions right now doesn’t necessarily mean the fight is over. It is very frustrating for me as well. In many cases, it just means they’re simply waiting. Waiting for conflicts, or better legal arguments, or waiting for the right case. And when that moment comes, the next Supreme Court major Second Amendment ruling could reshape the entire country once again. But until then, the legal battlefield remains active in the lower courts. And here on Guns and Gadgets, I will continue to track every single development that affects our rights.

If you found this breakdown helpful, hit that subscribe button and share the video because more people who understand what’s actually happening in the courts, the more of us there are, the more difficult it becomes for politicians and activists to quietly erode constitutional rights. If you’re not seeing two videos a day, do me a favor. Don’t wait for YouTube to serve it up, because obviously they’re not. In your address bar, type in youtube.com slash at guns gadgets. Come to the channel directly. Hit the videos tab, and you’ll see two videos a day. Thank you for watching.

Stay armed. Stay safe. Stay free. I’ll see you in the next one. Take care. [tr:trw].

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