Charge in Autokeycard Case Unconstitutional Under Second Amendment: Motion to Dismiss

AmmoLand ^ | August 16, 2022 | Dean Weingarten

[marktwain]

The Supreme Court decision in Bruen sets an appropriate standard for evaluating laws that violate a fundamental, enumerated right protected by the Constitution in the Second Amendment.

When there is a challenge to a federal or state rule, law, or regulation claiming such rule, law, or regulation violates the Second Amendment, the court is to evaluate the law based on the historical tradition of firearms regulation. It is up to the State to prove the longstanding history and cultural acceptance of such laws, rules, and regulations. If the State cannot prove such history and acceptance, the laws, rules, or regulations as of the date of ratification in 1791, or possibly, the date of ratification of the Fourteenth Amendment in 1868, are invalid under the Second Amendment.

One of the first legal challenges submitted to a court, relying on the Bruen decision, was from the defense representing CRS Firearms in what is commonly known as the Autokeycard case.

The new brief filed by Hoover’s legal team is a motion to dismiss the case and declare the National Firearms Act or NFA unconstitutional.

The brief relies on the recent Supreme Court decision in the New York State Pistol and Rifle Association v. Bruen. The main focus in Bruen was the right of an individual to carry a firearm outside the home for self-defense, but in addition to confirming that right, SCOTUS also ruled that the two-step process that courts have been using in Second Amendment cases was also unconstitutional.

This correspondent initially considered the motion to be a “hail Mary” type long shot. After reading the motion, it is a well-reasoned and crafted brief that gives the court several options to dismiss the case.

From the motion to dismiss:

Defendant is charged under 18 U.S.C. 5861 and 5871, as well as conspiracy

[Jim W N]

Thank you and you’re welcome.

Shout it from the rooftops. The word needs to get out to every corner of the land.

[Tucker39]

Ignorant......or sinister, and up to no good.