Pro-Gun Group – SAF Joins Amicus To Supreme Court In Arizona Rights Case

Amicus Curiae
Pro-Gun Group – SAF Joins Amicus To Supreme Court In Arizona Rights Case , img istock

BELLEVUE, WA – -(AmmoLand.com)- The Second Amendment Foundation has joined in an amicus brief to the U.S. Supreme Court in a case involving an Arizona man’s motion to dismiss an indictment charging him with two counts of being a felon in possession of firearms, on the grounds that non-violent felony convictions should not serve as a reason for lifetime loss of Second Amendment rights.

SAF joins the Firearms Policy Foundation, Firearms Policy Coalition, California Gun Rights Foundation, and Madison Society. Their brief was written by Sacramento attorney Joseph G.S. Greenlee.

The case involves a man named Israel Torres. In 2004 and 2010, he pleaded guilty to aggravated driving under the influence charges, each of which is a felony under Arizona statute. The crimes are punishable by more than one year in prison, thus disqualifying Torres from exercising Second Amendment rights. He challenged the prohibition, arguing that the crimes for which he was convicted were not felonies at the time of the Founding Fathers.

In their amicus argument, SAF and its partners note, “There is no tradition of disarming peaceable citizens. Nor is there any tradition of limiting the Second Amendment to ‘virtuous’ citizens. Historically, nonviolent criminals who demonstrated no violent propensity were not prohibited from keeping arms. Indeed, some laws expressly allowed them to keep arms.

“Thus, using history and tradition to interpret the Second Amendment’s text, as Heller did, “the people” who have the right to keep and bear arms include peaceable persons like Torres,” the amicus brief adds.

“For many years,” noted SAF founder and Executive Vice President Alan M. Gottlieb, “it was common for non-violent felons to enjoy Second Amendment rights after they had finished their sentences. And more recently there was a rights-restoration program involving the Bureau of Alcohol, Tobacco, Firearms, and Explosives that remains the law, but has been deliberately unfunded in order to prevent people convicted of non-violent crimes to ever be allowed to possess firearms again. We believe that is wrong, and this is why we’ve joined in the is amicus brief.”



The Second Amendment Foundation (www.saf.org) is the nation’s oldest and largest tax-exempt education, research, publishing, and legal action group focusing on the Constitutional right and heritage to privately own and possess firearms. Founded in 1974, The Foundation has grown to more than 650,000 members and supporters and conducts many programs designed to better inform the public about the consequences of gun control.

Second Amendment Foundation

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guy
guy
18 days ago

EVERYONE WAS BORN WITH THE RIGHT TO BEAR ARMS. WHY IS THIS EVEN A DISCUSSION THIS IS HOW THEY GET TO TAKE GUNS BECAUSE PEOPLE ALLOW THEM TO PERIOD.

Sisu
Sisu
20 days ago

@Patriot Solutions. Thanks for links. For your consideration, as an alternative source for when following a case – PACER is the federal court system for filing and retrieving court dockets and filed materials. Anyone can create an account; there is a “free” page limit per quarter, and nominal charge per page thereafter. It takes a bit of practice in order not to download unwanted (voluminous) filings that will cause one to rapidly exceed “free” page limit; but it is the “primary source” for materials if a secondary source is not readily available.

normdvorak
normdvorak
22 days ago

I agree with this brief. If a person is convicted of a non violent crime that did not involve the use of a weapon then after paying the fine or serving the time his 2nd Amendment rights should be restored. On another note a person I know has been refused to purchase a firearm because of something he wrote in one of the social medias. This was his opinion and should not disqualify him from purchasing a rifle, shotgun or handgun for his protection.