Judge rules key parts of Puerto Rico's Weapons Law unconstitutional

I apologize but the article is in Spanish, since Puerto Rico courts conducts business primarily in Spanish. Everything gets translated into English but it takes time. I have not found an English language news source that has covered this yet. So I'll give you a summary.

The court that has handed the decision is a Puerto Rico Superior Court, which is two notches below the Puerto Rico Supreme Court.

Puerto Rico has a very restrictive weapons permit legal scheme. The administrative requirements to obtain a permit even contradict the law itself, by keeping certain onerous requirements that existed prior to the existing law, which on paper is a "shall-issue" law.

In summary, the weapons permit scheme requires a $250.00 application fee, the costly notarization of certain documents, and a court hearing to prove that you are worthy of a permit.

The judge in this case ruled many of the requirements as unconstitutional, beginning with the requirement of a permit itself. He ruled that American citizens do not need a permit to exercise their fundamental rights.

Additionally, he ruled that the extra requirements represent an undue burden on citizens, as they infringe on their right to privacy, mainly because of the requirement to open a file with the Police Department which includes the taking of fingerprints.

The Court based its decisions on the stateside Heller and McDonald cases, as well on an extensive study of the Second and Fourteenth Amendments as they apply to the U.S. Citizens that reside in the U.S. territory of Puerto Rico. Basically, it states that the fundamental rights of the U.S. Constitution apply to all U.S. Citizens and that they follow the citizens, even to the U.S. Territories.

This is a major decision for Americans in Puerto Rico as up until today, no major challenge to the Puerto Rico Weapons Law had been mounted.

TRANSLATION BY FREE TRANSLATION.COM:

http://www.freetranslation.com/

The judge of the Court of First Instance of Salinas, Anibal Lugo Irizarry, decided that some articles of the Law 404 of weapons in Puerto Rico are unconstitutional because they violated statutes of the fundamental right and individual that gives the Second Amendment of the Constitution of the United States to possess and carry weapons.

After resolving a has not place the request of the Government of Puerto Rico to dismiss the lawsuit filed by William Bermudez and other citizens, Lugo Irizarry stated that all those people who wish to acquire firearms only will be required to complete the process of the transaction log of Firearms form 4473 of the direction of Alcohol, Tobacco, and Firearms and Explosives (FTA, for its acronym in English), “for being this procedure the concurrent process state, be active, available in all the armouries duly licensed of the country, and be one valid and constitutional”.

According to analyzed the jurist after listening to both parties in view argumentative, the requirements of the Police of Puerto Rico and the Department of Justice to obtain a license to possess and carry weapons violate the fundamental right and individual of the Second Amendment, are not justified, and in many cases they are irrational.

In addition, “The award and recognition of the constitutional right to possess and/or bearing arms is not a question of law pending to be resolved. Such a thing is already resolved by the Supreme Court of the United States”. Even more, “the exercise of this right does not have to wait for the Executive or Legislative move to recognize him”.

However, the caveats are recognized to help those who want to bear arms may not suffer from their mental faculties be offenders, porting it in sensitive places, such as schools or public buildings-, or in places where it can regulate for not doing so.

Among the requirements that were contested is the certification of the criminal record since the state itself is issued, and can be achieved in a matter of seconds, and at no cost through the portal of the negotiated Federal Investigations (FBI) “National Crime Investigations Center”. Other licenses, such as non-debt with the Department of Finance or the administration of the Child Support (ASSUMED) do not have reason to be because it is the responsibility of the State take care of the evaders, and must not money to the state treasury or the lack of the payment of pensions cannot go on a fundamental right.

In terms of the number of vouchers that are required for licensing, the judge stressed that “no fundamental right is taxable”.

Similarly, the request for fingerprints to obtain a license may represent a violation of privacy, “at the federal level is so important that the registration of firearms is prohibited”.

Also, Lugo Irizarry determined that the declaration requirement of three persons is unconstitutional because “an individual right does not depend on the criterion of third”.

Meanwhile, the time it takes the Superintendent to answer requests for license for 120 days is a time in which it is vedando the citizen from exercising their fundamental right.

This is the Google translation of the article. I’ll try to clean it up over the weekend:

The judge of the Court of Salinas, Lugo Anibal Irizarry, decided that some articles of the Law 404 of Weapons in Puerto Rico statutes are unconstitutional because they violate the fundamental and individual right under the Second Amendment to the US Constitution to own and bear arms.

After solving a request has no place in the government of Puerto Rico to dismiss the lawsuit filed by William Bermudez and other citizens, Lugo Irizarry said that all those who wish to acquire firearms only have to complete the registration process Transaction Firearms Form 4473 from the Bureau of Alcohol, Snuff and Firearms and Explosives (FTA, for its acronym in English), “because this process concurrent state procedure, be active, available in all the armories properly licensed country and be one valid and constitutional. “

According to the lawyer looked after hearing both sides in view of argument, the requirements of the Puerto Rico Police and the Department of Justice to obtain a license for possession and carrying of weapons violate the fundamental and individual right of the Second Amendment, not They justified, and in many cases are irrational.

In addition, “The granting and recognition of the constitutional right to own and / or bear arms it is not a matter to be resolved pending law. Such a thing is already resolved by the Supreme Court of the United States. “ Moreover, “the exercise of that right must not wait for the executive or legislative move to recognize”.

However, the qualifications are recognized for whoever bear arms can not suffer mentally competent, be criminal, carry it in sensitive public buildings such as schools or places, or places where you can regulate not to.

Among the requirements were challenged is the certification of criminal records because the state itself is issued, and can be accomplished in seconds and at no cost through the website of the Federal Bureau of Investigation (FBI) “National Crime Investigations Center “. Other certificates, such as non-debt to the Treasury Department or the Adminsitración Child Support (ASSUME) have no reason to be because it is the responsibility of the care of evaders State and not owe money to the treasury or the failure to pay pensions can not go on a fundamental right.

As for the number of vouchers that are required for licensing, the judge stressed that “no fundamental right is taxable.”

Similarly, the request for fingerprints to obtain a license may represent a violation of privacy, “that at the federal level is so important that the registration of firearms is prohibited”.

Also, Lugo Irizarry determined that the requirement for a declaration of three people is unconstitutional because “an individual right does not depend on the judgment of others.”

Meanwhile, as long as the delay in answering Superintendent license applications 120 days is a time when you are forbidding citizens to exercise their fundamental right.

Hmmm ! wouldn’t it be odd that a U.S. Territory leads us to “Constitutional Carry” !

“Additionally, he ruled that the extra requirements represent an undue burden on citizens, as they infringe on their right to privacy, mainly because of the requirement to open a file with the Police Department which includes the taking of fingerprints.

This is a major decision for Americans in Puerto Rico as up until today, no major challenge to the Puerto Rico Weapons Law had been mounted.”

( ; )

For the clueless on Fox “News” that “just don’t know what we can do...to end gun violence...”

The AMERICAN PEOPLE are 20 years AHEAD of the talking heads and politicians...doncha think !

https://en.wikipedia.org/wiki/Concealed_carry_in_the_United_States

Concealed Carry is the foot in the door...MOVE ON to CONSTITUTIONAL CARRY.

I quote myself:

The AMERICAN PEOPLE are 20 years AHEAD of the talking heads and politicians...doncha think !

..........................

“In this particular case, a group of young veterans organized to oust the local machine and elect their own slate in the primary. We may deplore the use of force but we must also recognize the lesson which this incident points for us all. When the majority of the people know what they want, they will obtain it.”

McMinn A Warning — By Eleanor Roosevelt
http://www.constitution.org/mil/tn/batathen_press.htm

https://en.wikipedia.org/wiki/Battle_of_Athens_(1946)

Second Amendment seems relevant.

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