Gorsuch view on scope of Second Amendment a judicial mystery – The Seattle Times
Despite strong endorsements from some gun rights advocates, Supreme Court nominee Neil Gorsuch has a slim appeals court record on the subject a record that leaves his views a mystery on how far constitutional firearms rights extend.
The National Rifle Association notes favorably a 2012 case in which Gorsuch wrote for the 10th U.S. Circuit Court of Appeals that the Supreme Court has held the Second Amendment protects an individuals right to own firearms and may not be infringed lightly.
Taken with his conservative leanings, originalist views on interpreting the Constitution and comparisons to the late Justice Antonin Scalia, that leads many gun owners to believe Gorsuch would protect their interests.
He has an impressive record that demonstrates his support for the Second Amendment, Chris W. Cox, executive director of the NRAs Institute for Legislative Action, said in a statement endorsing the nominee.
However, he has not ruled on major Second Amendment cases.
We dont know, for instance, if he believes people have a right to carry guns in public. We dont know what he thinks about restrictions on assault weapons or high-capacity magazines, said Adam Winkler, a law professor at the University of California, Los Angeles, and author of Gunfight: The Battle Over the Right to Bear Arms in America.
Those are the big issues that are likely to come before the Supreme Court with regards to the Second Amendment, Winkler said. And on those issues Gorsuch is a Second Amendment mystery.
The case cited by the NRA involved a man who appealed his conviction of being a felon in possession of a gun, saying he didnt know he was considered a felon due to a misunderstanding over his deferred prosecution in a previous robbery case.
Although he had signed documents indicating he would be considered guilty of a felony, the state judge told him, among other things, If I accept your plea today, hopefully you will leave this courtroom not convicted of a felony and instead granted the privilege of a deferred judgment, which means you will be supervised by the Department of Probation for a period of two years.
Miguel Games-Perez was arrested less than a year later with a pistol that had an obliterated serial number.
Gorsuch was on a three-judge panel that found the government had only to prove that Games-Perez knew he had a gun, not that he knew he was prohibited from having one.
Gorsuch said the panel was bound by precedent.
Our duty to follow precedent sometimes requires us to make mistakes. Unfortunately, this is that sort of case, Gorsuch wrote.
Games-Perez later asked the full appeals court to hear the case, a request that was denied in a 6-4 decision. Gorsuch dissented, saying the full court could reconsider its precedent. He wrote that due to the repeated misstatements from the court itself, Mr. Games-Perez surely has a triable claim he didnt know his state court deferred judgment amounted to a felony conviction.
Some groups favoring more stringent gun laws refer to the same case when arguing that Gorsuch is unfit for the Supreme Court.
Judge Gorsuchs views are so outside the mainstream that he has gone out of his way to side with felons over public safety, Peter Ambler, executive director of Americans for Responsible Solutions, said in a statement opposing Gorsuchs nomination.
And not all gun rights advocates are enthusiastic to endorse Gorsuch because of another case.
Larry Pratt, executive director emeritus of Gun Owners of America, said the case that gave him pause involved a police officer in New Mexico disarming Daniel Rodriguez, a convenience store employee who had a pistol tucked into his waistband. The man turned out to be a convicted felon, but Pratt said the officer had no way of knowing that at the time because the man wasnt accused of a crime and the officer didnt question him beforehand.
Gorsuch sided with the appeals panel to uphold the mans conviction.
Ultimately, Pratt said, Gorsuchs judicial philosophy and overall record helped earn an endorsement, which lobbies for gun rights.
Were going to support him with this caveat of our concern because of the Rodriguez case. And part of its a practical matter that if Gorsuch were to be turned down, its not likely, politically, that the next one would be any better, Pratt said.
J. Adam Skaggs, litigation director for the Law Center to Prevent Gun Violence, Americans for Responsible Solutions Foundation, said in a telephone interview that Gorsuch has a very thin paper trail, but the few cases where he has ruled on gun issues raise a lot of questions.
In a 2010 case, Skaggs said Gorsuch relied on procedural grounds in rejecting the appeal of a man charged with possessing a gun after being convicted of domestic violence rather than conceding the point that convicted domestic abusers dont enjoy the same Second Amendment rights as law abiding citizens.
Instead, he went out of his way to resolve the case on a complicated procedural ground, Skaggs said.
Still, Winkler, the law professor, said its difficult to know how Gorsuch would rule in the most important Second Amendment cases because his track record is so limited.
Hes only decided a few cases with Second Amendment overtones and none of them are the major decisions on the important issues of the day, Winkler said. Nothing in his path tells use what he understands the scope of the Second Amendment to be.
___
Find APs reporting on Neil Gorsuch here: http://apne.ws/2mfXk4V
___
The AP National Investigative Team can be reached at investigate@ap.org
Continue reading here:
Gorsuch view on scope of Second Amendment a judicial mystery - The Seattle Times
- How USAID Funded the War on the Second Amendment | An Official Journal Of The NRA - America's 1st Freedom - February 14th, 2025 [February 14th, 2025]
- Bills affect homeless, addresses wildfires, makes OK a Second Amendment sanctuary state - Yahoo - February 14th, 2025 [February 14th, 2025]
- Trump Issues Executive Order: Protecting Second Amendment Rights Where are we now? - Firearms News - February 12th, 2025 [February 12th, 2025]
- Executive Order 14206Protecting Second Amendment Rights - The American Presidency Project - February 12th, 2025 [February 12th, 2025]
- Trump is protecting the Second Amendment - Washington Times - February 12th, 2025 [February 12th, 2025]
- Trump Signs Executive Order Strengthening Second Amendment | An Official Journal Of The NRA - American Hunter - February 12th, 2025 [February 12th, 2025]
- Executive Order Seeks to Protect Second Amendment After Prior Administration - Turning Point USA - February 12th, 2025 [February 12th, 2025]
- Executive Order on the Second Amendment, which doesn't need any help - Daily Kos - February 12th, 2025 [February 12th, 2025]
- NRA Statement on President Trumps Executive Order Protecting Second Amendment Rights - NRA Women - February 9th, 2025 [February 9th, 2025]
- President Trump signs executive order 'protecting Second Amendment rights' - Buckeye Firearms Association - February 9th, 2025 [February 9th, 2025]
- Trump starts unwinding Biden regulations that infringe on Second Amendment rights of Americans - Must Read Alaska - February 9th, 2025 [February 9th, 2025]
- White House Wields Executive Power to Bolster Second Amendment: - Hoodline - February 9th, 2025 [February 9th, 2025]
- DeSantis Second Amendment Summer is more about his aspirations than Floridas budget | Opinion - Miami Herald - February 5th, 2025 [February 5th, 2025]
- Dueling Gun Groups Strike Truce To Push Wyoming Second Amendment Rights Bill - Cowboy State Daily - February 5th, 2025 [February 5th, 2025]
- Trump AG Pick: I Am an Advocate for the Second Amendment, but I Will Enforce the Laws of the Land - The Reload - January 19th, 2025 [January 19th, 2025]
- Second Amendment advocates skeptical of Pam Bondi - Washington Examiner - January 19th, 2025 [January 19th, 2025]
- Federal Judges (Still) Have No Earthly Idea What to Do With the Supreme Courts Second Amendment Cases - Balls & Strikes - January 19th, 2025 [January 19th, 2025]
- Tuberville, Britt reintroduce pro-second amendment Constitutional Concealed Carry Reciprocity Act - Yellowhammer News - January 19th, 2025 [January 19th, 2025]
- Donald Trump Jr. says younger people are getting into the Second Amendment amid GrabAGun SPAC deal - Fox Business - January 9th, 2025 [January 9th, 2025]
- GrabAGun, a Mobile-Focused Online Firearms Retailer Defending the Second Amendment, to Become a Public Company through a Business Combination with... - January 9th, 2025 [January 9th, 2025]
- Secretary Gray Calls on Wyoming Legislature to Protect Second Amendment Rights by Repealing Gun Free Zones - Sheridan Media - January 9th, 2025 [January 9th, 2025]
- Bernstine Takes Oath of Office, Committed to Protecting Second Amendment Rights, Fighting Wasteful Spending - EllwoodCity.org - January 9th, 2025 [January 9th, 2025]
- NRA-ILA demonstrates its influence in advancing Second Amendment causes - Buckeye Firearms Association - December 18th, 2024 [December 18th, 2024]
- Availability of a second Amendment to the 2023 Universal Registration Document - Yahoo Finance - December 14th, 2024 [December 14th, 2024]
- Justices Thomas, Alito, and Gorsuch Signal Readiness to Revisit Second Amendment Licensing Disputes - USA Herald - December 14th, 2024 [December 14th, 2024]
- Supreme Court Passes On Chance To Correct Hawaii Ruling Finding Spirit Of Aloha Trumps Second Amendment - Daily Caller - December 10th, 2024 [December 10th, 2024]
- AG nominee Pam Bondi's mixed record on Second Amendment raises 'red flags' - Buckeye Firearms Association - December 8th, 2024 [December 8th, 2024]
- Nearly 100 Anti-Second Amendment Measures Proposed To Texas Legislature - Firearms News - December 8th, 2024 [December 8th, 2024]
- Sen. Cruz Takes Stand to Stop Mexico from Violating U.S. Constitution & Second Amendment - Texas Border Business - December 8th, 2024 [December 8th, 2024]
- Sen. Cruz Leads Bicameral Amicus Urging Supreme Court to Uphold American Sovereignty and the Second Amendment - TexasGOPVote - December 8th, 2024 [December 8th, 2024]
- The bill aims to protect Texans Second Amendment rights by blocking enforcement of extreme risk protective orders - The Dallas Express - December 8th, 2024 [December 8th, 2024]
- Trumps New Attorney General Pick Should Face Tough Questions at Confirmation. She Flouts the Second Amendment - The Stream - November 26th, 2024 [November 26th, 2024]
- Ames Moot Court Competition takes on the Second Amendment - Harvard Law School - November 26th, 2024 [November 26th, 2024]
- State Leaders Take Aim at the Second Amendment - The Dallas Express - November 26th, 2024 [November 26th, 2024]
- Trump's victory over Harris proves 'Second Amendment won,' gun rights groups say - Fox News - November 16th, 2024 [November 16th, 2024]
- Mecklenburg Co. Sheriff's Office stripping sober gun owners of their Second Amendment right - WCNC.com - November 16th, 2024 [November 16th, 2024]
- Where John Thune Stands on Gun Control and the Second Amendment - Guns.com - November 16th, 2024 [November 16th, 2024]
- Elections have consequences, particularly when it comes to the Second Amendment - Rome Sentinel - November 10th, 2024 [November 10th, 2024]
- Analysis: Can Arms in Common Use be Banned Under the Second Amendment? [Member Exclusive] - The Reload - November 2nd, 2024 [November 2nd, 2024]
- Where the Harris/Walz Ticket Stands on the Second Amendment - Catalyst - November 2nd, 2024 [November 2nd, 2024]
- Harris Claims She, Not Trump, Will Defend the Second Amendment | An Official Journal Of The NRA - America's 1st Freedom - November 2nd, 2024 [November 2nd, 2024]
- An NRA Shooting Sports Journal | Royce Gracie Speaks Out About NRA And The Second Amendment - Shooting Sports USA - October 29th, 2024 [October 29th, 2024]
- Future of SCOTUS and Second Amendment rights on the ballot - Buckeye Firearms Association - October 29th, 2024 [October 29th, 2024]
- A Second Amendment Rally Like No Other - MSN - October 29th, 2024 [October 29th, 2024]
- Second Amendment Voters Arent Buying Harriss Pandering But Theyre Glad She Feels Compelled to Try - National Review - October 29th, 2024 [October 29th, 2024]
- Elon Musk Gets to the Basis of the Second Amendment | An Official Journal Of The NRA - America's 1st Freedom - October 29th, 2024 [October 29th, 2024]
- Hovde and Baldwin on the Second Amendment and gun control - PBS Wisconsin - October 21st, 2024 [October 21st, 2024]
- Kamala Harris claims she's got a gun, but Second Amendment supporters say good luck getting yours - Fox News - October 14th, 2024 [October 14th, 2024]
- Trump fans fear for Second Amendment at festival of God, guns and motorcycles - FRANCE 24 English - October 14th, 2024 [October 14th, 2024]
- Second Amendment Roundup: The VanDerStok Argument - Reason - October 14th, 2024 [October 14th, 2024]
- Second Amendment Roundup: ATF's Wish to Trace More Firearms Doesn't Justify Redefining "Firearm" - Reason - October 3rd, 2024 [October 3rd, 2024]
- Harris and Walz Are Gunning for the Second Amendment - Heritage.org - October 3rd, 2024 [October 3rd, 2024]
- Travis Kelce slams NFL for punishing player over gun celebration: 'It's my second amendment! I have the right - Daily Mail - October 3rd, 2024 [October 3rd, 2024]
- Massachusetts Governor Healey Subverts Democratic Process And The Second Amendment - The Truth About Guns - October 3rd, 2024 [October 3rd, 2024]
- Local leaders take part in Peterborough Town Library discussion on Second Amendment - Monadnock Ledger Transcript - October 3rd, 2024 [October 3rd, 2024]
- An Official Journal Of The NRA | Kamala Harris Would Destroy The Second Amendment - America's 1st Freedom - September 28th, 2024 [September 28th, 2024]
- Rep. Tenney Recognized for Support of the Second Amendment - Finger Lakes Daily News - September 28th, 2024 [September 28th, 2024]
- Amy Swearer: Harris and Walz are gunning for the Second Amendment - Arizona Daily Star - September 28th, 2024 [September 28th, 2024]
- Amy Swearer: Harris and Walz are gunning for the Second Amendment - Quad-City Times - September 28th, 2024 [September 28th, 2024]
- Lower courts willingly thumb nose at SCOTUS over Second Amendment - Buckeye Firearms Association - September 28th, 2024 [September 28th, 2024]
- Glenn Grothman will defend our Second Amendment rights -- Nathan Pollnow - Madison.com - September 26th, 2024 [September 26th, 2024]
- The Second Amendment Bible Review: A Comprehensive Guide to Gun Rights and Ownership - Journal of the San Juan Islands - September 26th, 2024 [September 26th, 2024]
- Letter to the Editor: Second Amendment rights - Newton Daily News - September 26th, 2024 [September 26th, 2024]
- The Second Amendment Bible Review: A Must-Have for Every Gun Owner? - The Daily World - September 26th, 2024 [September 26th, 2024]
- NSSF Urges All Gun Owners and Second Amendment Supporters to Register to Vote and #GUNVOTE on November 5th - National Shooting Sports Foundation - September 26th, 2024 [September 26th, 2024]
- Kamala Harris for the castle doctrine, and the Second Amendment - Daily Kos - September 22nd, 2024 [September 22nd, 2024]
- People gather for Second Amendment march - WLNS - September 22nd, 2024 [September 22nd, 2024]
- Kamala Harris on Second Amendment Support, Gun Law Reform: 'Somebody Breaks in My House, Theyre Getting Shot' - Yahoo Entertainment - September 22nd, 2024 [September 22nd, 2024]
- NSSF Urges All Gun Owners and Second Amendment Supporters to Register to Vote and #GUNVOTE on November 5th - PR Newswire - September 22nd, 2024 [September 22nd, 2024]
- Harris and Walz: Gunning for the Second Amendment - Bradford Era - September 22nd, 2024 [September 22nd, 2024]
- Column: Harris and Walz are gunning for the Second Amendment - The Virginian-Pilot - September 22nd, 2024 [September 22nd, 2024]
- Amy Swearer: Harris and Walz are gunning for the Second Amendment - Madison.com - September 22nd, 2024 [September 22nd, 2024]
- AMY SWEARER: Harris and Walz: Gunning for the Second Amendment - Indiana Gazette - September 22nd, 2024 [September 22nd, 2024]
- Kamala Harris Opens Up About Gun Ownership and the Second Amendment - La Voce di New York - September 22nd, 2024 [September 22nd, 2024]
- OPINION SHAPER: Addressing mass shootings in the context of the second amendment - The Post and Courier - September 19th, 2024 [September 19th, 2024]
- The Second Amendment is the hill we are literally willing to die on - The Courier - September 19th, 2024 [September 19th, 2024]
- Defensive Gun Use Shows Second Amendment Remains Necessary, Even After Tragedies - Daily Signal - September 16th, 2024 [September 16th, 2024]
- How the Supreme Court Broadened the Second Amendment - The Trace - September 16th, 2024 [September 16th, 2024]
- Kamala Harris reminded voters she owns a gun during debate. Heres her stance on the Second Amendment - The Independent - September 16th, 2024 [September 16th, 2024]
- Second Amendment sales tax holiday expected to draw in big crowds in Mississippi - WLBT - August 31st, 2024 [August 31st, 2024]