PDA

View Full Version : NRA: United Dem+GOP Legislators To File Brief in McDonald v. Chicago


bwiese
10-13-2009, 2:05 PM
Onward!


http://www.nraila.org/Legislation/Fe...d.aspx?id=5170 (http://www.nraila.org/Legislation/Federal/Read.aspx?id=5170)

Legislators Will File Brief In McDonald v. Chicago Case

Friday, October 09, 2009

As we reported in last week's Grassroots Alert, the U.S. Supreme Court will soon hear the landmark Second Amendment case of McDonald v. Chicago. The case will address the application of the Second Amendment to the states through either the Due Process clause or the Privileges or Immunities clause of the Fourteenth Amendment. The case has major implications for the legality of restrictive gun laws not only in Chicago, but also in other cities and the states across the nation. The decision to hear the case gives hope to Second Amendment advocates across America, that this fundamental freedom will be protected from infringement throughout the nation from impermissible regulation at all levels, state and local, as well as federal.

This week comes the news that U.S. Senators Kay Bailey Hutchison (R-Texas) and Jon Tester (D-Mont.), are joining forces with U.S. Representatives Mark Souder (R-Ind.) and Mike Ross (D-Ark.), in filing a joint, pro-Second Amendment amicus curiae (Friend of the Court) brief before the Supreme Court in the McDonald v. Chicago case.

Last year, the historic case of District of Columbia v. Heller invalidated the District's ban on handguns. However, the Heller case applied only to federal enclaves, such as Washington, D.C. A favorable ruling in the McDonald case would ensure that the individual right affirmed in Heller also applied as against state and local regulation.

Commenting on the brief, Sen. Hutchison said, "With its landmark decision in D.C. v. Heller, the Supreme Court affirmed an individual's right to bear arms is a fundamental, Constitutionally-guaranteed liberty. The Second Amendment should protect all lawful gun owners, but some courts have not viewed this right as one protected from state infringement. I look forward to the Supreme Court's consideration of McDonald v. City of Chicago so this extremely important Constitutional question regarding a fundamental, individual right can be settled, once and for all."

Sen. Tester, who serves as Vice Chairman of the Congressional Sportsmen's Caucus, said, "The Second Amendment guarantees gun rights for all law-abiding Americans, no matter where they live. I'm glad Republicans and Democrats are working together to tell the Supreme Court we expect it to stand up for our gun rights in this important case."

Rep. Souder said, "For years, I have been an outspoken critic of Washington D.C.'s gun ban, and last year I helped lead the efforts in the House of Representatives to overturn it. Now, as the Supreme Court prepares to hear McDonald v. City of Chicago, I am glad to join this brief in support of the Second Amendment. Constitutional rightsóguaranteed to all citizens of the United Statesócannot be overturned by local legislation or all rights are threatened."

Finally, Rep. Ross said, "Banning guns will not keep guns out of the hands of criminals, but it will keep guns out of the hands of those trying to defend themselves against criminals. The Supreme Court's recent decision in District of Columbia v. Heller affirmed the right of D.C. residents to own and bear arms and I am optimistic these same rights will be extended to the law-abiding citizens of Chicago and across the United States in McDonald v. City of Chicago. As a pro-gun Democrat, I am a firm believer in the Second Amendment to the United States Constitution and I will continue to actively support our right to own and bear arms."
Sens. Hutchison and Tester, and Reps. Souder and Ross authored a similar amicus brief prior to the U.S. Supreme Court hearing oral arguments in the District of Columbia v. Heller case in 2008. In that brief, the four affirmed the view that individual rights are guaranteed by the Second Amendment, and were able to get a record number of Members of Congressó55 Senators and 250 Representativesóto sign it.
* * * *

wildhawker
10-13-2009, 3:07 PM
Win!

dantodd
10-13-2009, 3:14 PM
Most excellent news to improve an otherwise crappy rainy day punctuated with the bitter taste of living under the thumb of California legislative insanity.

blackberg
10-13-2009, 3:15 PM
Nice!

-bb

yellowfin
10-13-2009, 5:05 PM
Did the same D's vote against Sotomayor? I just have to ask. Other than that side note, this looks quite good indeed. The more good guys we can get to pile on this the better.

gregorylucas
10-13-2009, 6:17 PM
I would love a link to the brief when it hits so I can thank those senators and reps when it comes out. Thanks again for boosting my spirits.

Greg

Electricboy
10-13-2009, 6:42 PM
I would love a link to the brief when it hits so I can thank those senators and reps when it comes out.

+1000

We should definatley thank everyone

freonr22
10-13-2009, 6:44 PM
Thank you!

rkdrsx
10-13-2009, 6:48 PM
this is good news

BigDogatPlay
10-13-2009, 6:53 PM
If they can get, as they did with the Heller brief, over 300 out of the 535 members of the House and the Senate, that becomes a huge win for us all over again.

And would go a long way to putting to rest the FUD that flows out from time to time that the Congress is going to ban guns. There is no political stomach for that in the Congress..... for now anyway.

obeygiant
10-13-2009, 7:01 PM
indeed this is very good news.

steve weikel
10-13-2009, 7:04 PM
If they can get, as they did with the Heller brief, over 300 out of the 535 members of the House and the Senate, that becomes a huge win for us all over again.

And would go a long way to putting to rest the FUD that flows out from time to time that the Congress is going to ban guns. There is no political stomach for that in the Congress..... for now anyway.


Do you have any info on the parties of those 300 people, it would be interesting to know how the party breakdown went, and might give some
insight to how it would breakdown again.

Nevermore
10-13-2009, 7:13 PM
Here's hoping he can get a majority of Congress to sign on again. I'm not terribly sanguine, but you never know.

Nevermore
10-13-2009, 7:18 PM
Do you have any info on the parties of those 300 people, it would be interesting to know how the party breakdown went, and might give some
insight to how it would breakdown again.

You can go to SCOTUSWiki's DC v. Heller (http://www.scotuswiki.com/index.php?title=DC_v._Heller) page to download the amicus briefs. In particular, you want: Brief for 55 Members of the United States Senate, the President of the U.S. Senate, and 250 Members of the U.S. House of Representatives in Support of Respondent (http://www.abanet.org/publiced/preview/briefs/pdfs/07-08/07-290_RespondentAmCuSenateHouseMembers.pdf) to see which members supported Heller.

By way of contrast, you can also look at the pitifully short list of Congress critters who opposed: Brief for Members of Congress in Support of Reversal (http://www.abanet.org/publiced/preview/briefs/pdfs/07-08/07-290_ReversalAmCuCongressMembers.pdf). Sadly, my Representative is one of the 18 in this brief.

SkatinJJ
10-13-2009, 7:47 PM
Get Some!!!

JJ

steve weikel
10-13-2009, 8:17 PM
Do you have any info on the parties of those 300 people, it would be interesting to know how the party breakdown went, and might give some
insight to how it would breakdown again.

Well, that was alot of tally marks, but after counting twice, + or - 1 either way, including Cheney, Repubs in senate 47 and Dems 9 and in the house
Repubs 228 and the Dems 76. So I don't think those numbers are gonna clear
up any fud. I do hope it goes our way though.

eljBRD
10-13-2009, 8:48 PM
Very well said everyone... this helps me forget the FACT that Ahnold is a...beep...

eljBRD
10-13-2009, 8:51 PM
I knew very little about current gun laws and such. Calguns.net and its members have helped me understand much more... until a few months ago I did not know all of the AWs that were banned...thanks guys

hoffmang
10-13-2009, 9:32 PM
Amicus Briefs will be filed around Thanksgiving.

-Gene