Another second amendment battle

[Lucky]

A recent decision by the U.S. Court of Appeals for the Seventh Circuit rejected two Second Amendment challenges to local handgun bans. This week, two-thirds of the nation’s attorneys general signed onto and filed an amicus brief, or "friend of the court" brief, asking the U.S. Supreme Court to review the case of NRA v. Chicago and address conflicting appellate court rulings on whether the Second Amendment applies to state and local governments through the due process clause of the Fourteenth Amendment to the U.S. Constitution. The issue of "incorporation", or application of the Second Amendment to the states, was not addressed in the Heller case.

This bi-partisan group of 33 attorneys general, along with the Attorney General of California in a separate filing, supports NRA’s position that the Second Amendment protects a fundamental individual right to keep and bear arms and that it should be incorporated to the states via the Fourteenth Amendment. The Texas Attorney General, Greg Abbott, served as the lead attorney on this brief, authoring it and recruiting two-thirds of his colleagues across the country to sign on as well. I've decided to send him an email at greg.abbott@oag.state.tx.us and thank him for his leadership role in the fight to protect our Second Amendment rights. I just wanted to give everyone here on the greenscreen a heads up that many people (i.e., activist judges) are still trying to erode our rights and I want to acknowledge those people who are working to keep our rights in place.

Below is a copy of my email:

Greg,
Thank you for taking the lead in spearheading the amicus brief submitted to the Supreme Court for the NRA v. Chicago case. I believe the Second Amendment applies to state and local governments via incorporation of the due process clause of the Fourteenth Amendment to the U.S. Constitution. I appreciate your efforts to protect my second amendment rights.

[Artos]

Excellent post...I wonder how long this will drag out?? I heard Chicago would be next right after Heller. I'm not sure how any gun owner could live in a place where their rights were restricted.

May have to send the NRA-ILA a little change for the effort.

[junkmanhunter]

nicely done. good job

[Blue Tick]

Good job....

[DNew]

[Artos]

Here's an update:

http://www.nraila.org/News/Read/NewsReleases.aspx?ID=12654

Two-thirds of State Attorneys General File Amicus Brief Supporting Second Amendment Incorporation


Tuesday, July 07, 2009


Fairfax, Va. – Two-thirds of the nation’s attorneys general have filed an amicus brief asking the U.S. Supreme Court to grant certiorari in the case of NRA v. Chicago and hold that the Second Amendment applies to state and local governments through the Due Process Clause of the Fourteenth Amendment. This bi-partisan group of 33 attorneys general, along with the Attorney General of California in a separate filing, agrees with the NRA’s position that the Second Amendment protects a fundamental individual right to keep and bear arms in the home for self-defense, disagreeing with the decision recently issued by a three-judge panel of the U.S. Court of Appeals for the Seventh Circuit.

“The historical record clearly shows that the Second Amendment was intended to apply to every American in every state in the country,” said Chris W. Cox, NRA chief lobbyist. “As the Supreme Court said clearly in last year’s landmark Heller decision, the Second Amendment protects an individual right that ‘belongs to all Americans’. Two-thirds of America’s state Attorneys General agree.”

The Seventh Circuit claimed precedent bound it from holding in favor of incorporation of the Second Amendment. However, it should have followed the lead of the recent Ninth Circuit Court of Appeals decision in Nordyke v. King, which found that those cases don't prevent the Second Amendment from applying to the states through the Fourteenth Amendment’s Due Process Clause. The Seventh Circuit opinion upholds current bans on the possession of handguns in Chicago and Oak Park, Illinois.

California attorney general Edmund G. Brown Jr. is filing a separate brief arguing that the Supreme Court should take up NRA’s appeal and hold that the Second Amendment is incorporated against the States.

“It is fundamentally wrong to violate the civil rights of any law-abiding person based on their zip code,” Cox concluded. “The fundamental right of self-defense must be respected by every jurisdiction throughout our country.”

[Bill]

California attorney general Edmund G. Brown Jr. is filing a separate brief arguing that the Supreme Court should take up NRA’s appeal and hold that the Second Amendment is incorporated against the States.

They called him Moonbeam when he was governor.

The Heller decision did not address the right to "bear arms" i.e. carry a weapon on your person, outside your home (it was restricted to inside of the homes in Washington DC), and it said that states have the ability to pass laws for safety purposes. While it reaffirmed an individual right under the 2nd Ammendment, it did not unfortunately address the bigger picture in my opinion.

[Artos]

They called him Moonbeam when he was governor.

The Heller decision did not address the right to "bear arms" i.e. carry a weapon on your person, outside your home (it was restricted to inside of the homes in Washington DC), and it said that states have the ability to pass laws for safety purposes. While it reaffirmed an individual right under the 2nd Ammendment, it did not unfortunately address the bigger picture in my opinion.

no, it was not perfect....nor do I think the decision was even needed for something that is obvious and just oozing with common sense Bill. Can you believe it even went 5-4?? idiots....I cannot even imagine what would have happened if it did not pass. Pure ugliness & a rush of folks moving to Texas.

Anyway, at least it can be used for future arguements and I'm proud of the the NRA for stepping up and helping these cities.

[JerryC]

Greg Abbott would make a great canidate to take Kay Bailey Hutchins place for the U.S. Senate! Be a better canidate to run against Houston"s Mayor Bill White.

[Mike D]

no, it was not perfect....nor do I think the decision was even needed for something that is obvious and just oozing with common sense Bill. Can you believe it even went 5-4?? idiots....I cannot even imagine what would have happened if it did not pass. Pure ugliness & a rush of folks moving to Texas.

Anyway, at least it can be used for future arguements and I'm proud of the the NRA for stepping up and helping these cities.

Not that it's any consolation, but two justices no voted so their votes defaulted to "no" which is BS.

[Artos]

Not that it's any consolation, but two justices no voted so their votes defaulted to "no" which is BS.

...I think a no vote is a cowards way out.

...idiots

[Texasredneck]

Nice post...gonna have to keep an eye on this.


Those guys up there need to learn and realize that We the People keep them in office. They might consdier a diffrent view if they knew how many of us vote, and that we will fight to keep our guns.