U.S.A. -(AmmoLand.com)- Gun Owners of America (GOA) and Gun Owners Foundation (GOF) have submitted an amicus brief, in Rhode vs Becerra, in conjunction with several pro-gun groups — including the Virginia Citizens Defense League, Grass Roots North Carolina, Tennessee Firearms Association, BamaCarry, Inc., Florida Carry, Inc., Arizona Citizens Defense League, and New Jersey Second Amendment Society. The brief urges the Ninth Circuit to rule by the Constitution, and not a judge's personal opinion.
Chiefly, this brief challenges the “two-step test” that has been erroneously applied to the Second Amendment in numerous cases by the Ninth Circuit and other courts.
“[T]he Ninth Circuit utilizes what is often called the ‘two-step test,’ designed by judges in other circuits, vesting broad discretion in courts to circumvent the right to keep and bear arms,” the brief states. “In the end, this Court’s two-step test is legal mumbo jumbo, an absurdly complicated framework that no one really understands, and which permits judges to ‘run roughshod over constitutionally protected rights.’”
The brief concludes by challenging the Court to rule by the Constitution, and not a judge's personal interpretation by stating, “‘Constitutional rights are enshrined with the scope they were understood to have when the people adopted them, whether or not future legislatures or (yes) even future judges think that scope too broad.’ Heller at 634-5. It is time for this Court to stop its broadside attack on Second Amendment rights, the personal views of federal judges notwithstanding.”
The brief can be viewed in full here.
About Gun Owners of America (GOA) :
Gun Owners of America (GOA) is a non-profit lobbying organization formed in 1975 to preserve and defend the Second Amendment rights of gun owners. GOA sees firearms ownership as a freedom issue. `The only no comprise gun lobby in Washington' – Ron Paul Visit: www.gunowners.org to Join.