·11250 Waples Mill Road · Fairfax, Virginia 22030 ·800-392-8683
Posted on 07/07/2009 1:23:31 PM PDT by neverdem
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.”
State Attorneys General Amicus Brief
California Attorney General Amicus Brief
-NRA-
Established in 1871, the National Rifle Association is America’s oldest civil rights and sportsmen's group. Four million members strong, NRA continues its mission to uphold Second Amendment rights and to advocate enforcement of existing laws against violent offenders to reduce crime. The Association remains the nation's leader in firearm education and training for law-abiding gun owners, law enforcement and the military.
My guy McGraw in WV is behind it at least.
Sotomeyer will have to recuse on this, I believe.
Good for him! (he just went up somewhat in my estimation).
Sotomayor would not have the integrity to do that. And she’ll never believe the 2nd Amendment applies to us as individuals. It doesn’t fit in with her belief system, regardless of what the law says.
Every article of the Bill of Rights that has come up for discussion recently has been incorporated by the 14th amendment -- there are a few old holdover cases back from the days when nothing was incorporated, but as soon as anything comes up for discussion now it gets included.
I don't see how they can avoid dealing with the 2nd. The 1st, 3rd (yes, even the 3rd, although only on the circuit level!), 4th, 5th, 6th & 8th have all been incorporated. 7th is jury trial, guaranteed by all states anyway so unlikely to be revisited.
Unable to discern why Moonbeam would throw in on behalf of CA.
Is he convinced the USSC will not restrict CA’s substantial restrictions and even allow it the authority to go further?
Is it obvious to you?
“...along with the Attorney General of California..”
WHAT??? Isn’t the Calf. AG Jerry “Moonbeam” Brown???
No diffrence between Soda-Major and Souter on this issue. The key vote, as always, lies with Kennedy.
I almost choked on my linguini and meatballs when I saw that one. Maybe Moonbeam’s looking at the gun sales in Cali and realizes he better side with the NRA on this.
ROBERT M. MCKENNA
Attorney General of Washington
Finally - somebody with sense from my State... You do not know what it is like out here.
Where about in W.Va? ya at there Armedanddangerous?
ping
Boone County
20 miles south of Charleston on US 119
FYI: There is no NEED for the Supremes to consider 2nd Amendment “Incorporation”! FACT: The 2nd Amendment is SELF-incorporated to all government entities at every level. It is MORE ABSOLUTE than the 1st Amendment, or any of the others, because the wording forbids not only CONGRESS, but ANYONE from infringing on it. The 1st says “Congress shall make no law...”. The 2nd say “shall NOT be infringed!” Period! End of debate!
“I almost choked on my linguini and meatballs when I saw that one. Maybe Moonbeam’s looking at the gun sales in Cali and realizes he better side with the NRA on this.”
He wants to be Governor again, and he knows that going the other way on it would doom him entirely on that front. If he supports it weakly, he can wave that around and fool some of the less-informed gun owners when he runs next year.
WTH!? I think I just saw a pig fly by my window also.
......In the home ?
I do.
Either WA goes ‘Right-to-Work’ or loses Boeing forever to SC.
Sound familiar?
Boeing’s already made their decision in buying Vought, and have probably agreed not to make any announcements on a ‘decision’ since there isn’t going to be one.
They’ll run two lines for the 787 until they don’t need two and they’ll shut Everett down.
Yup, WA state is the city hall of bizzaro-world.
bump
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