admin Firearms Law

Firearms Law

 

“A well regulated Militia, being necessary to the security of a free State,
the right of the people to keep and bear Arms, shall not be infringed.”
– Second Amendment to the U.S. Constitution

One of CLDEF’s highest priorities is protecting and defending the Second Amendment.  Our work focuses on building on the victories achieved in the U.S. Supreme Court in the Heller (2008) and McDonald (2010) cases, and rolling back draconian gun control laws across the land.  CLDEF opposes all gun registration and licensing requirements, regulation of firearms dealers, weapons bans, ammunition bans, etc.

CLDEF urges state and federal courts and agencies to apply the Second Amendment by looking to the “text, history, and tradition” of the Second Amendment as the Supreme Court identified in Heller.  This standard stands in stark contrast to the judge-empowering “balancing tests” (e.g., strict scrutiny, intermediate scrutiny, rational basis) that many courts prefer to apply in cases to uphold all manner of restrictions on firearms.  As Justice Scalia explained, the Founders did the balancing.  It does not matter what modern federal judges think as to the wisdom of the Second Amendment.

Many politicians and liberals claim that firearms ownership should be subject to “reasonable regulation,” but we do not concede that.  First, what Senator Diane Feinstein thinks is “reasonable” is somewhat different than what others may think.  Second, the Second Amendment states that the right to keep and bear arms “shall not be infringed” — not that it may be reasonably regulated.

CLDEF fights to protect citizens’ rights to keep and bear all types of “arms,” including what are pejoratively described as “assault weapons,” “large capacity magazines,” and “armor piercing ammunition.”  The “arms” described in the Second Amendment referred to modern military weapons of that time — which now includes all modern military weapons of this time.

Below are some of the Firearms Law matters in which CLDEF has been involved.

Young v. Hawaii

admin Firearms Law

CLDEF joined other pro-gun parties to urge the U.S. Supreme Court to review the virtual total ban on carrying firearms in the State of Hawaii. We urge the Court to overturn the two-step test used in many Second Amendment challenges.

Link to brief

Duncan v. Bonta

admin Firearms Law

Today, CLDEF joined Gun Owners of America, Inc., and others in filing an amicus brief attacking the constitutionality of a California ban on standard capacity magazines, which the California law mislabels as “Large Capacity Magazines.” The District Court and Ninth Circuit panel both ruled for that the laws were unconstitutional, and the Ninth Circuit granted rehearing en banc. Our brief defends the decision reached by the courts below, but urges the Ninth Circuit to reject its atextual “two-step” test and simply apply the “text, history, and tradition” of the Second Amendment to reach a decision.

Link to brief

Wrenn v. District of Columbia

admin Firearms Law

Today, an amicus brief was filed, on behalf of CLDEF, in the U.S. Court of Appeals for the District of Columbia Circuit, in support of a challenge to the District of Columbia’s requirement that a person must demonstrate a “good reason” in order to obtain a permit to carry a concealed weapon.  The brief noted that before Heller, the federal courts perpetuated the charade that the right of “the People” was a collective rather than an individual right.  Now, the brief argued, the lower courts are perpetuating a new charade — that rights which “shall not be infringed” can indeed be infringed so long as the government strongly desires to do so, and judges believe the regulations are reasonable.  The brief argued that use of such “interest-balancing” tests permits judges to come to whatever result they prefer, as this case uniquely indicates. Read More

Hamilton v. Pallozzi

admin Firearms Law

Today, an amicus brief was filed on behalf of CLDEF in the U.S. Court of Appeals for the Fourth Circuit supporting the right of a Maryland resident to purchase and possess firearms despite a prior conviction. Hamilton had been convicted of a non-violent felony in Virginia and served his sentence. Later, Virginia restored his civil rights, and then a Virginia Court specifically restored his firearms rights. Read More

Peruta v. San Diego
(opposing San Diego’s “good cause” policy on concealed carry permits)

admin Firearms Law

A panel of the U.S. Court of Appeals for the Ninth Circuit previously handed down an opinion striking down San Diego County’s policy under which “self-defense” was not considered to be a “good cause” allowing the issuance of a concealed carry permit. Now, the Ninth Circuit decided to re-hear the case en banc. The Peruta case was consolidated with another case, Richards v. County of Yolo, which challenged Yolo County’s “good cause” policy. Our brief addressed issues in both cases. Read More

Henderson v. United States
(opposing government confiscation of gun collections after conviction)

admin Firearms Law

Tony Henderson was a lawful firearms owner until he was convicted of a felony unrelated to his firearms.  While his trial was pending, he turned his firearms collection over to the government as a condition of bond.  After his conviction, the government would not let Henderson sell his firearms to an unrelated third party because the government claimed this would amount to unlawful “constructive possession” — even though the government physically possessed the firearms. Read More