Buckeye Firearms Foundation and USCCA file brief in U.S. Supreme Court case
Buckeye Firearms Foundation (BFF) has teamed up with the United States Concealed Carry Association (USCCA) to file a "friend of the court" brief in the McDonald v. Chicago United States Supreme Court case on gun rights.
The brief, filed on Monday, November 23, 2009, on behalf of the petitioners, is known as a "Brandeis Brief." While traditional briefs typically cover case law and historical evidence in an attempt to get the court to agree with one interpretation of a law versus another, a Brandeis brief examines the policy reasons to agree with the desired interpretation.
At issue in McDonald v. Chicago is "incorporating" the Second Amendment against the states. To date, the Second Amendment has been applied only to the federal government and not to individual states. This has made it possible for states and cities to pass restrictive gun laws without regard for individual Constitutional rights. If the court rules in favor of incorporation, citizens will be able to challenge state gun control laws which violate the Second Amendment.
Several briefs (McDonald and other plaintiffs, as well as the National Rifle Association) will cover the case law and historical evidence supporting incorporation.
The BFF/USCCA brief examines the high crime rates in Chicago, the ready supply of illegal guns despite a complete handgun ban, and various problems with the Chicago Police Department. This examination makes it evident that Chicago's gun ban disarms crime victims, not criminals.
Beyond the gun ban failing to reduce crime rates in Chicago, the brief also shows that the residents of Chicago enjoy every other constitutional right in their own homes. However, the city of Chicago arbitrarily denies Second Amendment rights.
Of greatest interest to the members and supporters of BFF/USCCA, the brief also examines the rights of non-residents visiting Chicago. Again, visitors to Chicago enjoy all constitutional rights when visiting. However, they must give up Second Amendment rights at the city limits.
In the 2008 District of Columbia v. Heller decision, the U.S. Supreme Court said that there is a right to have a working handgun in the home and the right to carry it within the home. The court also said that D.C. must issue Heller a license.
Staying within this narrow decision, the BFF/USCCA brief argues that Chicago must establish shall-issue licensing for both residents and non-residents to have and carry operable handguns in the home.
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