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WASHINGTON, D.C. (AUGUST 2, 2019) — Yesterday, Firearms
Policy Coalition (FPC), Firearms Policy Foundation (FPF), Second
Amendment Foundation (SAF), and California Gun Rights Foundation (CGF)
announced the filing of an important amicus brief in the U.S. Supreme
Court case
of Mark Cheeseman
v. Glassboro, New Jersey Police Chief John Polillo, et
al., which challenges the State of New Jersey’s
“justifiable need” (i.e., “good cause”) law that functions as
a de facto ban on carry licenses
issued to law-abiding people. The brief was authored by FPC Director
of Research and attorney Joseph Greenlee, a Second Amendment expert
and historian. A copy of the motion and brief can be viewed or
downloaded at www.firearmspolicy.org/legal.
The brief argues that the time has come for the Supreme Court
to expressly hold that the Second Amendment protects the right to
carry firearms for lawful purposes, including self-defense, outside
the home.
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“While we believe that the Supreme Court’s
landmark Heller decision makes
clear that the right applies with equal strength beyond the home,
lower courts have taken advantage of the lack of express guidance from
the Court to treat the Second Amendment as a second-class right,”
Greenlee explained.
Among the many examples the brief provides, lower courts have
inappropriately allowed governments to prohibit ordinary citizens from
bearing arms, limit the ages of adults that can exercise the right,
allow states to discriminate against nonresidents, and ban arms on
outdoor government property.
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“Sometimes the Court allows issues to ‘simmer’ as lower
courts grapple with different arguments and reach their own
conclusions that assist the Court when it ultimately decides the
issue,” continued Greenlee. “But by now nearly every federal circuit
court has addressed how the right to bear arms applies beyond the home
in some context, and several of them have expressly requested
additional guidance from the Supreme Court, so we believe this is an
appropriate time for the Court to weigh in—and this case provides a
perfect vehicle for it to do so.”
Firearms Policy Coalition (www.firearmspolicy.org)
is a 501(c)4 grassroots nonprofit organization. FPC’s mission is to
protect and defend the Constitution of the United States, especially
the fundamental, individual Second Amendment right to keep and bear
arms, advance individual liberty, and restore freedom.
Firearms Policy Foundation (www.firearmsfoundation.org)
is a 501(c)3 grassroots nonprofit organization. FPF’s mission is to
defend the Constitution of the United States and the People’s rights,
privileges and immunities deeply rooted in this Nation’s history and
tradition, especially the inalienable, fundamental, and individual
right to keep and bear arms.
California Gun Rights Foundation (www.calgunsfoundation.org)
is a 501(c)3 non-profit organization that serves its members,
supporters, and the public through educational, cultural, and judicial
efforts to advance Second Amendment and related civil
rights.
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.
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