Abramski is a Second Amendment case challenging ATF’s use of its “straw purchase” doctrine to convict one eligible person who bought a firearm for another eligible person. When buying a gun, a person is asked on the ATF Form 4473 if he is the “actual buyer,” even though federal law only requires him to be the “transferee.” Congress never actually criminalized “straw purchases,” and it is not up to ATF or the courts to create new crimes in order to fill in the perceived blanks. The government argued that the gun dealer was “required” to keep information about the “actual buyer,” but federal law requires him to keep only the identity of the “transferee” — the person physically present to obtain the firearm.
Woollard is a Second Amendment case challenging Maryland’s “good and substantial reason” requirement for obtaining a license to carry a concealed weapon. The district court held that the “core” of the Second Amendment applies only inside the home, and thus applied only an “intermediate scrutiny” analysis.
On July 30, 2010 an amicus brief was filed on behalf of CLDEF in the case of Dick Anthony Heller v. District of Columbia in the United States Court of Appeals for the District of Columbia Circuit. Our amicus brief was the only amicus brief filed in support of the challenge by appellant Dick Heller and others to portions of the D.C. Code that (i) require registration of all firearms, (ii) prohibit registration of so-called “assault weapons” and (iii) prohibit possession of so-called “high capacity” magazines.
On November 23, 2009, an amicus brief was filed on behalf of CLDEF in the case of Otis McDonald v. City of Chicago in the United States Supreme Court in support of petitioners’ challenge to an ordinance banning handguns in Chicago. The amicus brief argues that the Chicago handgun ban unconstitutionally abridges petitioners’ right to keep and bear arms, a privilege or immunity belonging to them as United States citizens protected by the Fourteenth Amendment. It also explains that no wholesale change in the Supreme Court’s Fourteenth Amendment jurisprudence is required to rule that the Chicago ordinance unconstitutionally abridges petitioners’ right to keep and bear arms. Further, it asserts that incorporation of the right to keep and bear arms into the Due Process Clause would result in weak and potentially transitory protection of that right.
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