American Rifleman - October 2009 - (Page 108)

Official JOurnal inside nra ILA report: Latest legislative news from inside the NRA Institute for Legislative Action State AGs Support Applying Second Amendment To States, wo thirds of the nation’s attorneys general have filed a “friend of the court” brief asking the U.S. Supreme Court to hear the case of NRA v. City of Chicago, decided in June by the U.S. Court of Appeals for the 7th Circuit. The brief asks the Court to hold that the Second Amendment applies to state and local governments. Soon after the filing, the 9th Circuit—which had already reached the same conclusion— agreed to hear new arguments in its own case, Nordyke v. King, which involved county-level restrictions on gun possession on public property. (For background on both cases, see “ILA Report,” Sept. 2009.) In the Chicago case the bipartisan group, which includes the top legal officials of 33 states, agrees with the NRA’s position that the Second Amendment protects a fundamental individual Right to Keep and Bear Arms in the home for self-defense. Their brief While 9th Circuit Agrees To New Hearing T takes issue with the decision by the 7th Circuit, which found that the Second Amendment is no obstacle to handgun bans in Chicago and Oak Park, Ill. Though he didn’t join his colleagues’ group effort, California Attorney General (and former governor) Edmund G. Brown Jr. filed a separate brief in the case, also arguing that the Supreme Court should take up the NRA’s appeal and hold that the Second Amendment protects the Right to Keep and Bear Arms against infringement by the states. “The historical record clearly shows that the Second Amendment was intended to apply to every American in every state in the country,” said NRA-ILA Executive Director Chris W. Cox. “As the Supreme Court said clearly in last year’s landmark Heller decision, the Second Amendment protects an individual right that ‘belongs to all Americans.’” The 7th Circuit incorrectly claimed that 19th-century Supreme Court precedent bound it from holding in favor of incorporation of the Second Amendment. However, it should have followed the 9th Circuit’s lead in the Nordyke case, which found that 19thcentury cases don’t prevent the Second Amendment from applying to the states through the 14th Amendment’s due process clause. At press time, though, the decision by a three-judge panel in the Nordyke case was in doubt, because the 9th Circuit’s judges voted to rehear the case en banc. While in most federal appeals courts that means the case will be reargued before all the judges, the 9th Circuit’s rules put a few more wild cards in the deck; there, rehearing involves just 11 judges, 10 of whom are selected at random. The larger court will hear the new arguments in late September, but the timeline for a decision is as unpredictable as its outcome. Photo by Eyewire 108 O ctOber 2009 www.americanrifleman.Org http://WWW.AMERICANRIFLEMAN.ORG

Table of Contents for the Digital Edition of American Rifleman - October 2009

American Rifleman - October 2009
From The Editor
Armed Citizen
Standing Guard
President’s Column
Welcome To NRACountry
Readers Write
News, Notes and Ephemera
Questions & Answers
Loading Bench
The Mayor vs. The People
Ruger’s SR-556: Ready To Run, Right Out Of The Box
The Colt U.S. M4 Carbine
The Truth About Gun Shows
Lincoln’s Rifles: “They Might Have Stayed To See The Shooting”
What Is A Purpose-Built Shotgun?
The ABCs Of Handgun Marksmanship
Making The Right Turn
Dope Bag: Data & Comment
Political Report
Trigger The Vote
NRA-ILA Report
Regional Report/Member Info & Benefits
Programs & Services
I Have This Old Gun

American Rifleman - October 2009