Article - The Three Most Important Ongoing Second Amendment Cases

Discussion in 'Legal & Political Archive' started by ATCclears, Dec 11, 2013.

  1. ATCclears

    North of Seattle
    Bronze Supporter Bronze Supporter

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    The Three Most Important Ongoing Second Amendment Cases -

    1. NRA v. BATFE. This case challenges the 1968 prohibition on licensed gun dealers selling handguns or handgun ammo to adults between the ages of 18-20. (They can buy long guns, such as rifles or shotguns, and they are legally allowed to possess handguns, but their ability to obtain them is quite restricted if licensed dealers can’t sell to them.) The case has dragged on since 2011, so a new plaintiff had to be added as the original pair reached age 21. The NRA and their aggrieved plaintiffs argue that the law violates their Second Amendment rights and their rights under the equal protection clause of the Fifth Amendment.

    2. Drake v. Filko. This suit challenges New Jersey’s Handgun Permit Law for carrying weapons outside the home, a law upheld so far by both the U.S. District Court for the District of New Jersey and the Third Circuit Court of Appeals. The plaintiffs argued that requiring a potential gun carrier to prove to the police a “justifiable need” involving specific previous threats is an unconstitutional prior restraint on their Second Amendment rights.

    3. New York State Rifle and Pistol Association [NYSRPA] v. City of New York. This one, filed in the U.S. District Court for the Southern District of New York in March, is more a sentimental favorite than one on potential fast track to the Supreme Court. But the facts at issue aggravatingly expose the sort of asininely picayune restrictions on a core constitutional right that localities indulge in—even when their obvious effect is to reduce the relative safety of citizen gun ownership by making gun training harder. New York City, you see, has its Title 38 that prohibits licensed handgun owners (and you must be licensed) from taking their guns outside their home or the city, even to their own second homes outside the city if they have one, or to any shooting practice outside the city. (They can take their guns outside the city to hunt, but only within the state and only with a separate permit.) In the city there is only one public shooting range, and it generally takes at least five days to get an appointment.
  2. deen_ad

    Vancouver, WA
    Well-Known Member

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    There is already a thread going on this, posted on 12/06.

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