New York Rifle & Pistol Association v. Corlett, BALA Brief

AmmoLand ^ | July 30, 2021 | Dean Weingarten

[marktwain]

Described as the first significant Second Amendment case to be heard in a decade, New York Rifle and Pistol Association v. Corlett, has, as expected, engendered a large number of amicus briefs.

Amicus (friend of the court) briefs are submitted by parties who wish to bring facts and arguments before the court, which might not otherwise be noticed by the court.

This is an important function. It has the potential to prevent absurdities such as happened in the first direct challenge to a federal law using the Second Amendment, U.S. v. Miller, 1939. That case challenged the National Firearms Act of 1934. It was sent back to the District Court, in part, because the Court ruled no one had presented evidence that short-barreled shotguns were useful to a militia.

In the New York case, 52 amicus briefs have been accepted by the Supreme Court. Amicus briefs are required to be submitted in a rigid format, with strict printing requirements, on a fixed timeline. This author was contacted to contribute to one of the amicus briefs. Unfortunately, events prevented such a contribution.

What appears to be the last amicus brief accepted was from the Black Attorneys of Legal Aid of New York City.

As with most amicus briefs accepted by the Supreme Court, it is well written and argued.  The bar for acceptance is high. This brief spotlights the enormous human costs of the routine violation of Second Amendment rights by the State of New York.

Those who have been involved in the fight to restore Second Amendment rights are familiar with those costs: Innocent lives destroyed, lives lost, years in prison, property lost, children lost, marriages destroyed, all because governments have been unwilling to recognize the exercise of Second Amendment rights, and courts have been unwilling to enforce those

[marktwain]

The brief by the Black Attorneys of Legal Aid is very well done. It shows the victims of gun control and the evisceration of Second Amendment rights.

[allblues]

Unmentioned by the author is the fact that the reason no arguments were presented showing the usefulness of short barreled shotguns to a militia was that only the feral government presented briefs to the court.

[marktwain]

True, but the article has a link to another article which details how the FDR administration corruptly set up the entire Miller case.

[Navy Patriot]

Thanks, Dean, well written and exposing Bureaucrat Totalitarians, as usual.

[Gay State Conservative]

later