Springfield, VA - January 24, 2019 - (The Ponder News) -- the United States Supreme Court granted a Writ of Certiorari in NYSRP v. NY City, a case in which Gun Owners of America (GOA) and Gun Owners Foundation (GOF) have submitted an amicus brief.
This case challenges New York City’s near-prohibition on possessing or transporting handguns, and this is the first major Second Amendment challenge to be reviewed by the Supreme Court in almost a decade.
GOA’s executive director, Erich Pratt, stated, “Gun owners across the country — especially those ‘behind enemy lines’ living in anti-gun states — are rejoicing that the Supreme Court is taking up a Second Amendment case. For far too long, judges have ignored the Second Amendment, along with the Heller and McDonald decisions, instead employing a ‘balancing’ test that effectively leaves gun owners in anti-gun states with a second-class right to keep and bear arms.”
In fact, GOA’s brief specifically challenges the “balancing” approach taken by judges in the lower courts.
GOA’s brief states, “Heller and McDonald leave little doubt that courts are to assess gun bans and regulations based on text, history, and tradition, not by a balancing test … [where judges] usurp the role of the Framers of the Second Amendment.”
“GOA’s hard-hitting brief before the Supreme Court cuts to the heart of this problem by arguing that judges have to follow the Constitution — and the text of the Second Amendment — rather than imposing their own preconceived views upon the text,” Pratt concluded.
GOA’s brief can be viewed here.
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