The Second Amendment Foundation (SAF) and its partners have filed an amicus brief with the U.S. Court of Appeals for the Second Circuit supporting plaintiffs-appellants in Vt. Fed. of Sportsmen’s Clubs, Inc. v. Birmingham, a case challenging Vermont’s 72-hour waiting period for firearm purchases.
SAF is joined in the amicus by the California Rifle & Pistol Association, Second Amendment Law Center, Minnesota Gun Owners Caucus and National Rifle Association.
“The district court’s ruling defies Bruen and Rahimi by misapplying the Second Amendment’s historical test and creating a false ‘fork’ in the analysis for so-called ‘ancillary’ rights, and by relying on unserious analogues like laws disarming intoxicated persons,” said SAF Director of Legal Research and Education Kostas Moros. “History shows no tradition of waiting periods, even as mass production made guns widely available in the 19th century. We urge the Second Circuit to reverse and restore the proper Bruen framework.”
The Tenth Circuit recently struck down a similar waiting period in Ortega v. Grisham, and several other cases challenging waiting periods are pending nationwide. The brief also relies on primary sources in the form of historical newspaper advertisements offering firearms for sale as far back as 1745.
“The right to keep and bear arms doesn’t have a timestamp and should be afforded to anyone wishing to legally purchase a firearm,” said SAF founder and Executive Vice President Alan M. Gottlieb. “SAF is also challenging similar restrictions in other cases, as we believe waiting periods to exercise a constitutional right are impermissible and are a direct infringement on the Second Amendment rights of peaceable citizens.”
For more information visit SAF.org.
About the Second Amendment Foundation (SAF)
The Second Amendment Foundation (saf.org) is the nation’s oldest and largest tax-exempt education, research, publishing and legal action group dedicated to safeguarding and promoting the fundamental rights of individuals enshrined in the Second Amendment of the United States Constitution. SAF engages in aggressive legal action to ensure the principles of armed self-defense, personal liberty, and the ownership of arms are defended, secured, and restored. Through public education initiatives, SAF teaches the importance of the Second Amendment to promote a society that values and exercises the right to keep and bear arms.
I would like to see a [conservative] State pass a law requiring that all social media posts be held for 48 hours before being visible to others.
The majority of the language bill revolves the frequency with which guns are used to commit suicide, and the state recognized that only 8% of firearm deaths were homicide as opposed to suicide. The bill mandates criminal penalties for certain crimes committed by children. The bill also mandates Gun Shops post state mandated language about suicide and link to guns. Somewhere along the way we got away from the principle that government can’t compel or coerce speech? How the heck we let this happen is scary. Since the court has recognized businesses as “people” deserving of the same speech protections… Read more »
Waiting periods are simply a blanket assumption that gun buyers are murderers.
>”historical newspaper advertisements offering firearms for sale as far back as 1745.”<
I would like to see our contemporary anti-gunners go back to 1745 and try to do what they are doing now. Ha, that would be funny.
HLB
3 days is not a big deal.