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Today, the Second Amendment Foundation (SAF), filed an Amicus Brief with U.S. Supreme Court supporting a challenge of New York’s prohibited carry laws. New York State Rifle & Pistol Association, Inc. v. Bruen will examine New York’s refusal of conceal carry permits to law-abiding citizens.
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It cites the court’s findings regarding the Second Amendment in District of Columbia, v. Heller, which guarantees “the individual right of possessing and carrying weapons in case of confrontation”.
The amicus brief argues that “The right of firearms was widely appreciated and protected in Founding Era America.”
The brief contains an argument for defense. John Adams stated in December 1770 that every private person in this country is authorized to arm itself. I don’t deny that the inhabitants had the right to defend themselves at that time.
According to the brief, James Madison practiced well enough to be able to aim accurately enough for a fair trial at [100 yards] distance.
History of Free Carry
This argument also highlights the fact that “the tradition of freely allowing public transport of firearms continued into 19th century.”
Gamble v. United States ruled that mid-1800s “surety style” laws “didn’t meaningfully limit public transport,” by law-abiding citizens. These laws required that an individual petition the court to inquire about another person. A judge then ordered the arms bearer, who was required to find certainties to keep the peace, to carry on.
The brief states that “these laws were only activated when someone reasonably felt threatened filed a complaint–and the judge agreed that the fear was reasonable. The party complaining had the right to ‘be heard and defend himself’ before any judicial decision was made. He also had the right to appeal. He could still carry as long as he posted a bond or surety.
These findings show that the “surety laws” were not intended to be broad legislation.
“This case has been a long-standing one and it would not surprise that SAF has an intense curiosity because of our many members, in New York and elsewhere, that so-called “proper cause” requirements are routinely used by law-abiding citizens to deny them the ability to carry firearms for personal safety outside their homes,” stated Alan M. Gottlieb, founder and executive vice president of SAF. “Such laws are arbitrary in their nature and place an absurd level authority in the hands local officials and their subordinates to deny citizens their constitutional rights to bear arms.”
It’s been a while
It has been more than a decade since the Supreme Court of the United States heard a Second Amendment case. In 2010, McDonald’s v. Chicago overturned Chicago’s unconstitutional handgun ban. This case made it possible to hear the New York case and this amicus brief.
Gottlieb stated that “The Second Amendment should not be treated as the ugly stepchild of The Bill of Rights.” Its language is clear that the amendment protects the individual citizen’s right to keep and bear arms. This right extends beyond one’s home. A right that is limited to someone’s home does not exist. The court has the opportunity to clarify this issue and settle an important constitutional question once and for all.
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