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California supports NRA gun suit against Chicago

July 7, 2:31 PMGun Rights ExaminerDavid Codrea
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(AP Photo/Chris Pizzello, File)

Gene Hoffman at Calguns.net writes:

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.

Here's the "question presented":

Whether the right of the People to keep and bear arms guaranteed by the Second Amendment to the United States Constitution is incorporated into the Due Process Clause or the Privileges or Immunities Clause of the Fourteenth Amendment so as to be applicable to the States, thereby invalidating ordinances prohibiting the possession of handguns in the home.

Here are the "reasons for granting the petitions":

I. THESE PETITIONS SHOULD BE GRANTED TO RESOLVE A SPLIT IN THE CIRCUITS ON THE IMPORTANT QUESTION OF WHETHER THE SECOND AMENDMENT APPLIES TO THE STATES.

and

II. 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.

Number two is the one to watch. AG Moonbeam isn't doing this because he likes us. California has a slew of anti-gun edicts he wants to position himself to defend.

It is probable that the High Court will agree that 2A applies to the states. It is also likely that many existing and proposed laws will be upheld, and, of course, the Court may simply decide not hear challenges and allow them to stand.

Those in power will not voluntarily cede it.

So while this is a needed development, we need to be mindful of how things are likely to unfold.

Back in 2005, before the Heller decision, I observed:

[I]f [SCOTUS] accept[s] either Seegars or Parker, I believe the court will not dare say there is no individual rkba. But if they find there is one, it will be so heavily burdened with "reasonable restrictions" as to ensure the status quo. They'll never admit the truth unless someone, that would be us, has enough power to compel them.

My opinion has not changed.

 

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