Two-thirds of State Attorneys General File Amicus Brief Supporting Second Amendment

[terraformer]

Hopefully our legal beagles can jump in and elucidate why so much support for this. I have to believe there is an ulterior motive. See the bottom for more.
Oh, and no MA...

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.”

States:
http://www.nraila.org/media/PDFs/litigation/NRAAmicusFinal.pdf
CA:
http://www.nraila.org/media/PDFs/litigation/NRA_v._Chicago_Final_Amicus.pdf

That 2/3 includes CA's AG. CA's AG is a hypocrite though. His second assertion in his brief is:

THESE PETITIONS SHOULD BE GRANTED TO AFFIRM THE APPLICABILITY OF THE SECOND AMENDMENT TO THE STATES AND TO PROVIDE GUIDANCE ON THE SCOPE OF PERMISSIBLE FIREARMS REGULATIONS.

Note he is more concerned with how far that goes. And I suspect he doesn't want it to go to far... Note that the "states brief" does not address this question, only CA's does.

 

[cekim]

Hopefully our legal beagles can jump in and elucidate why so much support for this. I have to believe there is an ulterior motive. See the bottom for more.
Oh, and no MA...

I have to admit I am surprised at the upswell in 2A support from the Democrats lately...

CA is a big state though, I think we often over-generalize the lunacy in a couple of places to the entire state. It boggles my mind, but there are reasonable, rational, rights loving people still in CA...

I guess people in Wyoming would say the same about me (and rightly so) which is my point...

As for the ulterior motive, I am not sure if they are thinking this far ahead, but generally speaking Democrats like Central Government. They have long pushed for the ability of the Feds to override the states rights every chance that they get. Sometimes well intentioned if wrong headed (Civil Rights), but pretty uniformly, they have advocated the Federal Government's rights over the states...

I guess the question is whether they are just finally standing up to the fascism that is their party in practice or are they evil enough to use this tool to get their all-powerful central government?

 

[Pete85]

From reading that, it appears to me that the CA AG wants to avoid future cases like this so he wants it made clear what is permissible as a restriction and what isn't. It doesn't look like he's saying "tell us what more we can do to infringe on the good people's rights" but instead looks more like "make it clear once and for all, is this ok or not?"

 

[Lynne]

I have to admit I am surprised at the upswell in 2A support from the Democrats lately...

CA is a big state though, I think we often over-generalize the lunacy in a couple of places to the entire state. It boggles my mind, but there are reasonable, rational, rights loving people still in CA...

1st one - me too. The only thing I can think of is the gun owners are writing, calling emailing and those numbers are higher than what the politician first thought...'cept in MA of course.

2nd - it's really only San Fran and So. Cal that's looney tunes liberals. Northern Cal is more conservative.

 

[rwl1955]

Petition

1st one - me too. The only thing I can think of is the gun owners are writing, calling emailing and those numbers are higher than what the politician first thought...'cept in MA of course.

2nd - it's really only San Fran and So. Cal that's looney tunes liberals. Northern Cal is more conservative.

******
Gee, I`m shocked that Taxachusetts isn`t on the petition.

 

[Big_Red]

(...) 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 (...)

I don't know but this always makes me nervous. What about RKBA outside of one's home?

 

[Bob P]

Once again confirms that ALL Dems are NOT North East/West Coast Urban Dems

Now that they've got a huge majority, you're going to see them fracturing internally, much the same way the Republicans did after Reagan. We've got the left fringe of the party in 2 key diriver seats - Speaker of the House and POTUS. The more 'conservative' dems - South/Rocky Mtn West - is going to begin to get unhappy with a continued radical agenda. We're only 6 months in and it's already happening.

 

[CRSIII]

I have to admit I am surprised at the upswell in 2A support from the Democrats lately...

They want there loved ones to be able to protect themselves from the roving bands of zombies the dems are helping to create.

 

[drgrant]

1st one - me too. The only thing I can think of is the gun owners are writing, calling emailing and those numbers are higher than what the politician first thought...'cept in MA of course.

2nd - it's really only San Fran and So. Cal that's looney tunes liberals. Northern Cal is more conservative.

Sadly enough Lynne, by geography CA is 75% "red" by land area, but the "liberal" (and I use that term loosely, they're more like communist) pols have all gerrymandered the piss out of the state to marginalize the conservatives. The inner city moonbat voters on/near the coastline virtually hold the rest of the state hostage.

-Mike

 

[JimB]

******
Gee, I`m shocked that Taxachusetts isn`t on the petition.

I'm not...

JimB

 

[Rob]

Sounds like the perfect time for Weasel Holder to open his big mouth. I mean, just moving his lips is enough. He doesn't even have to say anything (not like anything good comes out anyway) and it'll rally the troops against him.

 

[MaineCWPtraining]

Maine AG Signs Amicus Brief Supporting 2nd Amendment

Please Thank Attorney General Janet Mills!

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, disagreeing with the decision recently issued by a three-judge panel of the U.S. Court of Appeals for the Seventh Circuit.

Attorney General Mills was one of the many who agrees that the Second Amendment is a fundamental individual right and signed the amicus brief. Please call Attorney General Mills at (207) 626-8800 and thank her for standing up in support of the Second Amendment.

 

[usmcs/s]

good for her.

 

[Twigg]

Please Thank Attorney General Janet Mills!
<snip>
Please call Attorney General Mills at (207) 626-8800 and thank her for standing up in support of the Second Amendment.

Motion seconded !

 

[JRyan]

See, I know what some people say about Maine, but I still love Maine.



...and in Ma I find out that there is a $25 fee to challenge a ticket, whether you win or lose.

 

[Lynne]

Sadly enough Lynne, by geography CA is 75% "red" by land area, but the "liberal" (and I use that term loosely, they're more like communist) pols have all gerrymandered the piss out of the state to marginalize the conservatives. The inner city moonbat voters on/near the coastline virtually hold the rest of the state hostage.

-Mike

Yeah - I meant to add that the area where all the libs are is also the area where there's the highest population.