Support is building for incorporation of the Second Amendment under the 14th.
-------- Original Message -------- Subject: [Volokh] Eugene Volokh: California Supports Incorporation of the Second Amendment: Date: Tue, 7 Jul 2009 14:36:10 -0400 From: [email protected] To: [email protected] Posted by Eugene Volokh: California Supports Incorporation of the Second Amendment: http://volokh.com/archives/archive_2009_07_05-2009_07_11.shtml#1246991754 See the California amicus brief -- signed by Attorney General Jerry Brown, who was a former Governor and is talked about as a possible future candidate for the Governorship as well -- supporting certiorari in [1]NRA v. City of Chicago. The brief expresses support for a good deal of gun regulation, but says: The petitions in these cases should be granted to provide needed guidance on the scope of the Statesâ ability to reasonably regulate firearms while extending to the states Hellerâs core Second-Amendment holding that government cannot deny citizens the right to possess handguns in their homes. And in explaining the state's interest as amicus, at the very start of the brief, it says: 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). Thirty-three other states also filed an [2]amicus brief supporting incorporation, though they weren't the surprise that California's brief was -- 31 of them filed [3]an amicus brief in Heller that also endorsed incorporation (footnote 6). The two new additions are Maine and North Carolina. One of the states that joined both of the multistate briefs, Minnesota, is one of the six states that doesn't have a right to bear arms provision in the state constitution; California is another. References 1. http://www.nraila.org/media/PDFs/litigation/NRA_v._Chicago_Final_Amicus.pdf 2. http://www.nraila.org/media/PDFs/litigation/NRAAmicusFinal.pdf 3. http://www.abanet.org/publiced/preview/briefs/pdfs/07-08/07-290_RespondentAmCu31States.pdf -- ------------------------------------------------------------------- Constitution Society 2900 W Anderson Ln C-200-322, Austin, TX 78757 512/299-5001 www.constitution.org [email protected] ------------------------------------------------------------------- ---------- _______________________________________________ Volokh mailing list [email protected] http://lists.powerblogs.com/cgi-bin/mailman/listinfo/volokh [Non-text portions of this message have been removed]
