Comm2A Files Merits Amicus in NYC Carry Case

[Comm2A]

Comm2A has filed a merits amicus brief in New York State Rifle & Pistol Association v. City of New York, New York. For this case Comm2A decided to file our own brief rather than to join with other groups and hired attorney Alan Gura to submit the brief. You can read our brief here: Comm2A Amicus.

The full Docket can be reviewed here. There are also a number of other interesting brief including from our friends:

• Black Guns Matter (Submitted by Worcesters own Attorney J. Steven Foley)
• Pink Pistols

CONCLUSION

Amicus Pink Pistols files this brief to dispel the misguided assumption that the right to bear arms is an atavistic constitutional curiosity, of interest only to gap-toothed, tobacco-chewing rednecks who have a firearms fetish or to camouflage-wearing survivalists and militia-wannabes who exhibit an adolescent fascination with firepower. The right to bear arms is not about “boys and their toys.” Those caricatures are not the face of the Second Amendment.

Rather, the face of the right to bear arms is the bruised and battered visage of a transgender woman stalked by predators in the darkened streets and shadowed corners of public spaces. It is the anxious expressions of lesbians and gay men departing clubs and bars late in the evening, menaced by gay-bashers with cudgels in their hands, malice in their hearts, and sneering threats on their lips. These are the faces of the Second Amendment.

 

[terraformer]

I should point out our brief makes clear to the court that they already have ruled a law like this unconstitutional when it was applied to in the home. That case was Heller, where a little known element of that case was there was a separate license required for "moving" an operational gun around the home.

 

[Mesatchornug]

Great work!

 

[VetteGirlMA]

Wow you guys gave it to the gun grabbers with both barrels metaphorically speaking. Excellent.

 

[M1911]

I should point out our brief makes clear to the court that they already have ruled a law like this unconstitutional when it was applied to in the home. That case was Heller, where a little known element of that case was there was a separate license required for "moving" an operational gun around the home.

Incredible.

 

[Engineer]

I found the BRM and Pink Pistols brief interesting and even amusing in their emotional appeal but really appreciated the incisive, succinct series of legal arguments present in Comm2As briefing. I hope what is offfered there is enough to spur equally incisive response from SCOTUS.

Beyond this brief, I would really like to see
A). Further examination on the meaning and threshold of “infringe”. As in Shall No Infringe as to all appearances, lower courts seem to see anything less than outright prohibition or ban as Not Infringing.

B) Greater emphasis of the lack of legitimate government interests in regulating, for purposes of safety, possession and bearing or arms by law abiding citizens as pointed out by Gura in Comm2As brief. I think there lies an ability to divorce the public safety arguement should some balancing test or argument be made as there is no presumptive safety issue when lawful citizens posses a firearm.

 

[dixidawg]

"It is not too much to ask that the lower courts pause to consider the Second Amendment’s content when the subject comes before them."

Wow.

 

[TayNinh_66]

Well argued. But I fear the supremes are stuck in the center with a slight tilt to the left. Wouldn't bet much on the outcome.

 

[swatgig]

Heller held that DC's outright ban on an entire class of weapons inside the home was a 2A violation. They already granted cert on this case (the first 2A case since McDonald), so I'm hopeful they will declare that NYC's outright ban on an entire class of weapons outside the home is also a 2A violation.

 

[Boston4567]

"It is not too much to ask that the lower courts pause to consider the Second Amendment’s content when the subject comes before them."

Wow.

f*** yeah.

 

[Howland]

For this case Comm2A decided to file our own brief rather than to join with other groups and hired attorney Alan Gurn to submit the brief.

My first thought was who is this unknown nobody, Alan Gurn?

Then I opened the brief. Alan Gura.

That dude is a rock star!

 

[Waher]

I really like how all the dodgy bullshit MA pulls was brought up in the brief to demonstrate the complete disregard for SCotUS precedent MA and our federal district/circuit court has.

Based on the way the antis are trying to file briefs "on neither side" I hope SCotUS drops the hammer on them and affirms the 2A is 1st class right just like the 1A.

 

[Darksideblues42]

Comm2A has filed a merits amicus brief in New York State Rifle & Pistol Association v. City of New York, New York. For this case Comm2A decided to file our own brief rather than to join with other groups and hired attorney Alan Gura to submit the brief. You can read our brief here: Comm2A Amicus.

The full Docket can be reviewed here. There are also a number of other interesting brief including from our friends:

• Black Guns Matter (Submitted by Worcesters own Attorney J. Steven Foley)
• Pink Pistols

Three damn powerfully worded briefs.

In a just and fair hearing, I cannot fathom that these words will not have a measured impact.

Let's just pray for a just and fair hearing.