View Full Version : Arkansas AG to submit friend of the court brief

11-29-2007, 6:13 AM
Cool, I wonder how many states are going to do this on the pro side of the fence.


Arkansas AG McDaniel to Supports Gun Ownership Rights for Citizens at High Court
Wed, 11/28/2007 - 12:17 — newsdesk
McDaniel to Support Gun Ownership Rights for Citizens at High Court

Nov 27, 2007 -- LITTLE ROCK— Today, Arkansas Attorney General Dustin McDaniel announced his intent to support the Second Amendment as a “right to bear arms” for individuals, not just militia members, by joining a brief to be filed with the U.S. Supreme Court. Last week, the high court agreed to hear District of Columbia v. Heller, a lawsuit challenging gun laws enacted by the District of Colombia. The case is expected to be heard next spring.

The fundamental issue in Heller is whether the 2nd amendment confers a right to bear arms on individuals, as opposed to only state militias.

“I believe the Second Amendment confers a Constitutional right to bear arms on individuals, not just on militia members,” McDaniel said. “It is a right that belongs to law-abiding Americans and it cannot be taken away by state, federal, or local laws.”

Next year’s ruling is considered extremely important, as it could settle for generations to come whether or not law abiding Americans will have a right to own a firearm.

Texas will file a brief with the Supreme Court arguing in favor of an individual’s Second Amendment rights. Attorney General McDaniel announced today that Arkansas will join Texas on their brief.

“I spoke with Texas Attorney General Greg Abbott yesterday morning and assured him that he could count on the full support of the Arkansas Attorney General’s Office in briefing this case,” McDaniel said. “I will also aid in recruiting other Attorneys General to sign on in opposition of DC’s gun control laws.”

Editor's note:

The Second Amendment reads as follows:

Amendment II

A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.

Source: Arkansas Attorney General

11-29-2007, 9:22 AM
My letter:

Attorney General Jerry Brown
Attorney General's Office
California Department of Justice P.O. Box 944255
Sacramento, CA 94244-2550

Dear Attorney General Brown,

As you may be aware, the Heller v. DC case will be heard by the Supreme Court next year. This case is of great importance for the freedom of individuals to own guns. The right to keep and bear arms underlies our other freedoms, such as the freedom of religion and the freedom of expression. We all must defend our right to keep and bear arms.

There is a danger of the Supreme Court ruling that the Second Amendment applies to state militias, not individuals. Such a ruling would be similar to the Supreme Court ruling that freedom of the press applies only to state-owned official press agencies. That would be absurd, and we must do whatever we can to inform the Supreme Court to discourage them from such a ruling.

In order to prevent this loss of freedom, the attorney generals of Texas and Arkansas have filed an amicus brief with the Supreme Court stating their view that the Second Amendment applies to individuals who are not part of the National Guard or similar entities. Please join these two attorney generals in this amicus brief filing, so we can all do our utmost to protect our freedoms.

11-29-2007, 9:49 AM
Hahahaa....that's a good one.... I think Brown would much rather join DC!

11-29-2007, 10:19 AM
Hahahaa....that's a good one.... I think Brown would much rather join DC!

I've been wondering about that....

i'm not so sure that brown is a hardcore anti.

He's certainly left the BOF with their butts in a sling.

for an 'Anti' his inaction with regards to the 2A in CA seems to be working in our favor.

11-29-2007, 10:20 AM
Hahahaa....that's a good one.... I think Brown would much rather join DC!

I hope you are wrong!:(

11-29-2007, 10:26 AM
Many of us were of the belief that he would get into the AG's office and start hacking and slashing through our gun rights even more so than his predecessor, so far I have been pleasantly surprised at his inaction in the firearms arena. Still a kook, hopefully he'll continue to keep his hands off of my guns.

Now lets deal with the legislature!

11-29-2007, 2:22 PM
i'm not so sure that brown is a hardcore anti.

Me neither. Remember his "power to the people" roots? He has a creamy idealist center wrapped in a hard political shell. The 2a may appeal to him. I really did send that letter btw and would encourage others to do so as well. If nothing else, it would be wonderful if he sent me some letter taking a stance one way or another on the 2a. Even if he says, "I agree it's an individual right but I'm not signing that brief" that would be wonderful to have, and I'll surely post it here.

11-29-2007, 5:10 PM
I think the worst case stance that Mr. Brown would take is to do nothing on Heller. That said, you should send the letter above. You never know.