Christian Files Amicus Brief Supporting NRA in Pivotal Supreme Court Case
November 24, 2009
Center, TX – Today, State Representative Wayne Christian (R-Center) joined a large, bipartisan group of elected officials from all 50 states in filing an amicus curiae, or “friend of the court,” brief supporting the NRA’s position in the U.S. Supreme Court case of McDonald v. City of Chicago. This brief supports the stance that the Second Amendment is incorporated against the states through the Fourteenth Amendment, and that the handgun ban and other restrictions on rifles and shotguns in Chicago are unconstitutional. The amicus brief bears the signatures of 891 state legislators and other elected officials.
Last week, the NRA filed its brief with the Supreme Court as Respondent in Support of Petitioner in the McDonald case. The NRA brief asks the Court to hold that the Second Amendment applies to state and local governments through the Fourteenth Amendment.
“All Americans are entitled to the freedoms that our Constitution provides, including the privileges of our Second Amendment,” said Representative Christian. “Cities should not have the ability to deprive citizens of certain Constitutional rights as they please. I am proud to provide my support to the NRA and their efforts to restore and protect the gun rights of law-abiding Americans everywhere.”
In September, the Court agreed to consider the McDonald case on appeal from the U.S. Court of Appeals for the Seventh Circuit. That court incorrectly claimed that prior Supreme Court precedent prevented it from ruling in favor of incorporation of the Second Amendment. Representative Christian supports the NRA in their belief that the Seventh Circuit should have followed the lead of the Ninth Circuit Court of Appeals’ decision in Nordyke v. King, which found that Supreme Court precedent does not prevent the Second Amendment from applying to the states through the Fourteenth Amendment’s Due Process Clause. As a party in McDonald, the NRA is actively involved in this case and believes the NRA brief makes a clear and strong case in favor of incorporation of the Second Amendment.
Representative Christian concluded, “This decision will have implications for gun owners across the country. I am hopeful that the Supreme Court will uphold the Second Amendment and reinstate the right of Americans to keep and bear arms, regardless of where they live.”
Chicago has had a handgun ban and other restrictive gun laws in place for 27 years. The Supreme Court is expected to hear the McDonald case in February 2010.
Help protect our 2nd amendment rights by joining the Texas State Rifle Assoc. and the NRA today! If you want to get involved with the TSRA lobbying our state legislature and officials contact the TSRA Legislative Director Alice Tripp. // <![CDATA[// // <![CDATA[// <![CDATA[
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