View Full Version : Montanta: McGrath filing Amici brief in gun case

12-05-2007, 5:38 AM
Another AG filing Amici Brief for Heller case. Cool, cant wait to read all of these.


McGrath filing brief in gun case
Aspirant to AG's job had urged action on D.C. ban headed to Supreme Court

Gazette State Bureau
HELENA - Attorney General Mike McGrath said Monday that he intends to file a friend of the court brief in a case now pending before the U.S. Supreme Court that challenges a Washington, D.C., ban on handgun ownership.

A McGrath spokeswoman said Monday that the attorney general intended to weigh in, arguing that gun ownership is a constitutional right afforded all Americans.

McGrath's promise came in response to a press release issued by Republican attorney general candidate Tim Fox of Helena.

Lynn Solomon, a McGrath spokeswoman, said the attorney general never intended to avoid the issue, but the U.S. Supreme Court only recently announced that it would hear the case and McGrath has not yet had time to file Montana's argument.
At issue is a District of Columbia law banning most handgun ownership. It is among the most stringent gun laws in the country. A lower court has upheld the law, writing that the U.S. Constitution's Second Amendment right to keep and bear arms refers not to citizens individually but allows only for the formation of citizen militias such as the National Guard.

The U.S. Supreme Court announced late last month that it will now review the case, and many are touting the decision as an opportunity for the high court to give some clarity to the meaning of the Second Amendment.

Several states filed friend of the court briefs in 2004, when the case was before a lower federal court, Fox said, all arguing that the Second Amendment means Americans may own guns.

Fox said McGrath should have filed Montana's friend of the court briefs then.

Solomon said McGrath, who believes the Second Amendment means Americans may own guns, not simply join militias, has filed friend of the court briefs in a similar previous case and is on record as defending Montanans' right to gun ownership.

"I'm glad to hear he has taken my call to get involved to heart," Fox said. "I'll be interested in seeing what his arguments may be."

Fox issued a press release criticizing McGrath for failing to get involved in the case last week, eight days after the high court announced it was taking up the case.

Solomon said McGrath hadn't had time to write up the brief in that short time.

Published on Tuesday, December 04, 2007.
Last modified on 12/4/2007 at 12:51 am

12-05-2007, 12:25 PM
I wonder if he was given permission to weigh in...everyone and their mother, not literally of course, wants to get involved at this point. I believe both sides, the attorney's for D.C. and Heller must approve.

12-05-2007, 3:58 PM
Just OTOMH, it might be nice to have a state weighing in on our side after NY/MD/etc.'s brief.