[hoffmang]

Attorney General Brown filed an amicus brief urging the Supreme Court to Grant review of McDonald v. Chicago and NRA v. Chicago and to find that the Second Amendment is incorporated against the states.

A couple of passages:

INTEREST OF AMICUS CURIAE
California has a strong interest in protecting
the constitutional rights of its citizens. But unlike
many states, California has no state constitutional
counterpart to the Second Amendment. Unless the
protections of the Second Amendment extend to
citizens living in the States as well as to those living
in federal enclaves, California citizens could be
deprived of the constitutional right to possess
handguns in their homes as affirmed in District of
Columbia v. Heller, 128 S. Ct. 2783 (2008).

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.

Further guidance on these issues is needed in
California, which has been a national leader in
passing common-sense legislation to regulate
firearms. The Unsafe Handgun Act, for example,
aims to reduce handgun crime and promote handgun
safety. Cal. Penal Code § 12125 et seq. It prohibits
the manufacture or sale of any “unsafe handgun” in
California, including those that lack certain safety
features such as a chamber-load indicator. Cal.
Penal Code § 12126(c). This law has furthered
important governmental interests while not
interfering with the ability of our state’s residents to
purchase and possess a wide range of handguns:
Over 1,300 handguns have been certified by
California as meeting the law’s requirements. See
http://certguns.doj.ca.gov/. Nonetheless, California is
presently defending the law against a federal
constitutional challenge. Peña v. Cid, 2:09-cv-01185-
FCD-KJM, 2009 (U.S. Dist., E.D. Cal.).

-Gene

[Steyr_223]

Wow! Great news!

Jerry Brown for Gov!

[TerryC]

Originally Posted by Steyr_223

Wow! Great news!

Jerry Brown for Gov!

I wouldn't be so quick to suggest Jerry Brown for Gov. The reality is that this state may just modify a second amendment right where you don't have any rights and add that to the california constitution. Be careful what you wish for is all I suggest.

[bulgron]

Originally Posted by TerryC

I wouldn't be so quick to suggest Jerry Brown for Gov. The reality is that this state may just modify a second amendment right where you don't have any rights and add that to the california constitution. Be careful what you wish for is all I suggest.

How the Federal courts interpret the 2A will trump California law if this state tries anything like that.

[TerryC]

Originally Posted by bulgron

How the Federal courts interpret the 2A will trump California law if this state tries anything like that.

Not necessarily. The Tenth amendment (rights of the States) can regulate 2A if adopted as a state constitutional amendment. It may give you the right to keep and bare arms but regulate that right in such a manner that the intent of 2A becomes less of a individual right and more of a administrative law like it is today. Brown would like to ammend the state constitution to clarify the states position on 2A.

[Mulay El Raisuli]

Originally Posted by TerryC

Not necessarily. The Tenth amendment (rights of the States) can regulate 2A if adopted as a state constitutional amendment. It may give you the right to keep and bare arms but regulate that right in such a manner that the intent of 2A becomes less of a individual right and more of a administrative law like it is today. Brown would like to ammend the state constitution to clarify the states position on 2A.

That sort of thing's been tried before, in re voting rights, & it failed. Once a thing is decided to be a Federal Right, all the efforts of local courts to to infringe get shot down (pun intended) pretty quick.

The Raisuli

P.S. To 7X57; while people who vote for the first name on the ballot would be a randomizing effect, I'm not sure that this would be an entirely bad thing. If the biggest political problem we have is the entrenched bosses, anything that undermines the trench is good, isn't it? IE, wouldn't it be nice if someone other than an anointed one was elected alderman in, say, Chicago?

[bwiese]

Originally Posted by TerryC

Not necessarily. The Tenth amendment (rights of the States) can regulate 2A if adopted as a state constitutional amendment.

You're naive, won't happen.

Antis won't want further RKBA on the books.

And takes $80+ million just to start the fight to get such a constitutional amendment. And gunnies couldn't get RKBA on the ballot in the first place back in 2004-5 - no money, no paid signature preparers, pluy the "I don't wanna be on a list" attitude, etc.

Brown would like to ammend the state constitution to clarify the states position on 2A.

Where didja get that crap from? That's peripheral information from Brown's filing that really has no bearing on incorporation, it was just political dressup.

[tiki]

Wow.

[Untamed1972]

"Further guidance on these issues is needed in
California, which has been a national leader in
passing common-sense legislation to regulate
firearms."

CA has common sense gun regulation?

[leitung]

Originally Posted by Untamed1972

"Further guidance on these issues is needed in
California, which has been a national leader in
passing common-sense legislation to regulate
firearms."

CA has common sense gun regulation?

Yeah this is new to me too LOL..

[retired]

That is fantastic!

[rrr70]

No way!

constitutional right to possess
handguns in their homes

Only in homes?

[sureshot]

Originally Posted by rrr70

No way!


Only in homes?

If you recall, the Heller decision allows DC residents to be able to keep firearms in their homes. Previous law prevented that.

[rrr70]

Originally Posted by sureshot

If you recall, the Heller decision allows DC residents to be able to keep firearms in their homes. Previous law prevented that.

I remember that.
But isn't that only part of what we want?

[Librarian]

Jerry wants a quid pro quo?

[yellowfin]

He still called the laws "common sense", rather than idiotic and useless, so I guess it's a baby step.

[bwiese]

Originally Posted by yellowfin

He still called the laws "common sense", rather than idiotic and useless, so I guess it's a baby step.

He's using one item to cover for the other.

Please ignore the side-noise, proceed directly to the RKBA.

[mat19er8]

The ball is rolling now!

[Wrangler41]

DO NOT BE FOOLED! He is using this as a smokescreen to set the stage to keep the gun laws and "safety" laws in place. The court has not ruled on what the states can enact as "reasonable" laws. He wants the states to be given "carte blanche" in passing whatever "reasonable or common" sense rules (laws) they see fit in order to enable (with government permission, of course!) the citizens to keep and bear arms. While incorporation is good it must be absolute, not encumbered with "reasonable, common sense" language.

[Neil McCauley]

woohooo. Go baby Gooooo!

[berto]

Time to reregister so I can vote for Jerry instead of Gav.

[trashman]

Holy ****!!! Great news!

--Neill

[VegasND]

Very good news.

[Joe]

Wow. I'm shocked.

[Liberty1]

Jerry is walking a tight rope. He is on the "Rights" side of incorporation and that is all that is at issue here.

[1BigPea]

OH wow, this is huge.

[bwiese]

Please understand the Pena v. Cid "Roster" lawsuit etc vs this as a bit of a left-hand, right-hand issue.

[Aegis]

I must admit that I was skeptical about his sincerity towards the 2A and the rights of gun owners. After seeing this, he will get my vote for governor.

Gene and Bill W were right about Brown. It appears he is on our side on this issue.

[Legasat]

Originally Posted by Aegis

I must admit that I was skeptical about his sincerity towards the 2A and the rights of gun owners. After seeing this, he will get my vote for governor.

Gene and Bill W were right about Brown. It appears he is on our side on this issue.

I couldn't have said it better myself! I am SHOCKED!

[M198]

from the brady site.
“Advocates for sensible gun laws in California think the choice for Attorney General is an easy one,” said Griffin Dix, President of the California Chapters of the Million Mom March. “Governor Brown will help us ensure California continues to have the most sensible gun laws in America.”

[Obi-Wan Kenobi]

Originally Posted by Legasat

I couldn't have said it better myself! I am SHOCKED!

Always liked Jerry and voted for him as AG. He makes sense while the others are all BS.

"Yeah... good old Kest... troglodyte oppressor of the masses...
You try fitting that on a business card!"

...Love it!

[Southwest Chuck]

This is good news. I'll take anything I can get from JB. I followed him closely in his last governorship and in no way would I count on him to be consistent in his views. He checks the wind and adjusts accordingly and is a very shrewd politician. But, one should not count on him to be principled enough to stick to his beliefs if it conflicts with his own survival, or at the least, his own ambitions, IMHO.

[Irrational Voice]

Originally Posted by Southwest Chuck

This is good news. I'll take anything I can get from JB. I followed him closely in his last governorship and in no way would I count on him to be consistent in his views. He checks the wind and adjusts accordingly and is a very shrewd politician. But, one should not count on him to be principled enough to stick to his beliefs if it conflicts with his own survival, or at the least, his own ambitions, IMHO.

Can you point out some places where he has made significant flip flops on major issues to suit his political agenda?

[ilbob]

Originally Posted by Aegis

It appears he is on our side on this issue.

If I had to guess, he is more likely on J. Brown's side.

If you notice he is playing both sides of the issue, seeming to claim both a RTKBA and that the many laws that horribly infringe on that right are reasonable.

Typical politician trying to get on both sides of the issue.

OTOH, it is much better than a poke in the eye with a sharp stick. And there is a slight chance he actually thinks there really is some RTKBA. Despite his checkered history in that area.

Its also possible he does not want to be completely on the losing side of the issue.

<added>
Sorry, got called into a meeting in the middle of my post.

The tone of the brief to me is more like "this is an issue that needs to be decided" rather than picking a side. That is not a completely unreasonable request.

[N6ATF]

LOL

[artherd]

Jerry is a friend, let's keep him electable!

[N6ATF]

Except those "rights" must be infringed, with language like:

This law has furthered important governmental interests while not interfering with the ability of our state’s residents to purchase and possess a wide range of handguns

The important governmental interest is interfering with residents' RKBA. More talking out of both sides of the mouth.

It's like saying cake is great, but only government-approved cake.

You can't have too much liberty.

[the_quark]

This is very, very nice. Kudos to Mr. Brown for doing the right thing. While it's certainly possible to wish his language had been firmer, that he's taking any stance like this at ALL in public is huge. He specifically indicates that this is very important to Californians since we have no state constitutional right to own and bear arms. He doesn't say so explicitly, but that implies that he's requesting that the Federal government protect our rights against our own state government. Is that not completely amazing?

Brown for Governor!

-Brett

[xxdabroxx]

things are picking back up again.

[HowardW56]

Could this be an end run attempt, if the court accepts the appeals, to have California's regulatory scheme found to be acceptible without there ever having been a trial?