SCOTUS Declines to Hear Two Major Second Amendment Cases, Frustrating Gun Rights Advocates

The U.S. Supreme Court has declined to grant certiorari in two significant Second Amendment cases: Snope v. Brown, challenging Maryland's ban on AR-15 rifles, and Ocean State Tactical v. Rhode Island, challenging the state’s ban on so-called high-capacity magazines. The Court’s refusal to take up either case marks a major disappointment for gun rights advocates hoping the justices would rein in lower courts that have upheld sweeping firearm bans despite clear precedent from District of Columbia v. Heller and New York State Rifle & Pistol Association v. Bruen.

In the Snope case, Justices Thomas, Alito, and Gorsuch all indicated they would have granted cert. In Ocean State Tactical, the same three justices dissented from the denial. Justice Brett Kavanaugh did not join their dissent, but he issued a separate statement signaling strong concern over how lower courts have mishandled the Second Amendment in these contexts.

Kavanaugh noted that the Court is aware of multiple related cases percolating through the appellate courts, including those from the First, Third, Seventh, and Ninth Circuits. He stated: “Additional petitions for certiorari will likely be before this Court shortly, and in my view, this Court should — and presumably will — address the AR-15 issue soon, perhaps in one of those cases in the next Term or the Term after that.”

Frustration from the Second Amendment Community

The National Shooting Sports Foundation (NSSF) and numerous commentators expressed frustration with the Court’s continued hesitation. NSSF President and CEO Joe Bartozzi said, “It is imperative that the Court address the growing list of rogue lower court decisions that are flouting the Bruen precedent.”

Mark Smith, constitutional attorney and host of the Four Boxes Diner YouTube channel, characterized the decision as the Court lacking the “fortitude” to robustly enforce the Second Amendment. Smith emphasized that the Court appears unwilling to spend its political capital on gun rights cases each term, instead choosing to focus on other hot-button issues.

Signs of a Future Victory?

Despite the setback, there is reason to believe the tide may soon turn. This is not the first time this year the Supreme Court has dodged a critical 2nd amendment question however as frustrated about it as I am, this denial of cert should be viewed not as the end of the road, but as a pause before a potentially more impactful ruling. The justices are clearly aware of the growing stack of cases challenging AR-15 bans and magazine capacity limits, and Justice Kavanaugh’s statement suggests the Court is positioning itself to act when the timing is more strategically favorable.

From our perspective, this pattern mirrors what we saw before Bruen: a frustrating period of judicial hesitation followed by a decisive and historic ruling. There is strong reason to believe that within the next term or two, the Court will finally address whether states can ban commonly owned rifles and standard-capacity magazines. When that day comes, we expect the Court to rule in favor of gun owners.

For more background on these specific issues, see our resources on magazine capacity limitations and the ongoing debate over AR-15 bans and misleading “assault rifle” definitions.

The Strategy Moving Forward: Forcing a Circuit Split

A key obstacle to Supreme Court review may be the absence of a circuit split. Without conflicting rulings between appellate courts, the Supreme Court is less compelled to intervene. Smith and others argue that the path forward must involve achieving pro-Second Amendment rulings in key circuits—specifically the Third and Seventh—which could set the stage for a definitive ruling on the constitutionality of AR-15 and magazine bans.

Recent developments in the Third Circuit, which covers New Jersey, Pennsylvania, and Delaware, could be pivotal. If appointments shift the court’s balance in favor of originalist jurists, the chances of a favorable ruling—and thus a circuit split—increase.

Conclusion

For now, gun rights supporters will need to remain patient. Although the Supreme Court’s denial to hear Snope and Ocean State Tactical cases is a blow, statements from Justices like Kavanaugh and Thomas suggest that the issue is far from settled. As more Second Amendment cases work their way through the lower courts, the battle over whether states can ban commonly owned arms like AR-15s and standard-capacity magazines may yet reach the high court—and potentially reshape American gun law once again.