Wednesday, July 08, 2009

Texas AG Files Brief on Behalf of 33 States

Texas Attorney General Greg Abbott today filed a brief with the U.S. Supreme Court that defends Americans’ right to keep and bear arms. The amicus brief, which was filed on behalf of 33 state attorneys general, supports a legal challenge by Otis McDonald, a community activist who lives in a high-crime Chicago neighborhood. McDonald’s work to improve his neighborhood has subjected him to violent threats from drug dealers, but city ordinances prohibit him from obtaining a handgun to protect himself. The state attorneys general argue that cities cannot simply ignore the Second Amendment of the U.S. Constitution and impose a blanket ban on handguns. [More]
Here's the brief.

Has your AG signed on?

Why not?

Even Moonbeam filed a brief, albeit he did his independently, and it reflects a not-so-hidden agenda.

[Via Jeffersonian]

9 comments:

zach said...

I don't want to give the Feds the power to take away Chicago's handgun ban. If they have the power to do that, then we admit they have the power to take them away. We admit that the internal workings of a state are subject to the whims of those in DC. I believe we should be trying to get rid of most functions of the central government. If that many people in Chicago and Illinois are content to be slaves, then that's something they're going to have to work out themselves.

Longbow said...

Well then, Zach, Democracy prevails!

If my neighbors say I have no right to be secure in my person, papers, house and effects, then I have no such right? Correct?

The Thirteenth Amendment shouldn't even apply!

Dread Scott, watch out!

zach said...

Not at all, Longbow. My concern is one of jurisdiction. The Feds say their jurisdiction is EVERYWHERE and that they can do what they want. I want the state criminal code to be insulated from federal control, so that when the Feds say 90% of my rifles are illegal, my state will defend me. States like Montana, that have passed bills telling the Feds they have no jurisdiction over guns made and used in their state, will look much better if we take a consistent stance against "Mordor on the Potomac."

Sean said...

You guys go ahead and split hairs all you want, the time fast approaches when words will commit their final failure. Remember,lots of bureaucrats in lots of states will sing whatever tune that comes down the Potomac. Who do we trust,count on? Damn few. And the few ain't in govt.

Mack said...

In Virginia, the UN-elected Attorney General, Billy Mims, is a known gun-hater. He simply refuses to help Virginia gun owners in any meaningful way.

He became the AG because the ELECTED AG, republican Bob McDonnell, resigned - QUIT - so he could run for Governor full-time.

Mims is a close friend of Bob's; they both were in the House of Delegates.

In the GOP, friendship trumps principle.

MamaLiberty said...

Interesting that this started in Texas, where there is NO _right_ to carry arms or self defense because the ONLY legal way to "bear arms" is with the kind permission of the state via a "permit. Open carry is totally illegal, remember.

If these politicians were truly interested in preserving the right to self defense, all they'd have to do is propose to repeal ALL of the "gun control" measures in their own states.

The real agenda here is pretty plain. The states want more of the power. RKBA is just a popular issue right now, so is the perfect excuse.

straightarrow said...

pay attention, MamaL knows about that of which she speaks.

Texas has always been a repository of poseurs. They have always talked a Hell of a lot better gunfight than they actually fight, if they ever do fight. The only legal ways to carry a gun in Texas is with state bought state permission, or in your vehicle if you are "traveling" which has yet to be defined in any manner restrictive of local tyrants.

W W Woodward said...

Mama, The open carry of handguns, certain knives, and/or clubs is prohibited. Long guns aren't included in the state of Texas' general prohibition on open carry.

I would like to see the 2nd Amendment incorporated for the primary reason of being on better footing when attacking the state's laws that criminalize open carry of handguns as well as other arms.

I don't like the idea of the SCOTUS's adoption of the idea of a right needing incorporation. The debates dealing with the 14th Amendment and our rights spelled out what the lawmakers intended when the amendment was drafted, discussed, sent to the states for ratification and made a part of the US Constitution. Along the way however the SCOTUS decided that the amendment didn't mean what it said and decided the court had the authority to determine which of our enumerated as well as un-enumerated rights are protected by the Constitution and the 14th Amendment.

As I pointed out in another comment section on another blog-site; "It's a crooked game but it's the only game in town." And, we sure as hell can't win unless we play the cards we have in our hand. Once in a while, the dealer will screw up and deal a card we can use.

[W-III]

straightarrow said...

Warren Burger should have been hanged as a traitor. About 1972 +or- he wrote a decision that included "though the second amendment guarantees the right to keep and bear arms, that isn't what it means...." (paraphrased, but very close, could have been that I didn't read the decision until 1972).

that was my wake-up call. We have been having our asses handed to us ever since.

Time to reverse that ass-handing thing.