BELLEVUE, WA – The Second Amendment Foundation is joining several other rights organizations in an amicus brief to the U.S. Court of Appeals for the Ninth Circuit in support of a case challenging California’s ban on so-called “assault rifles.”
SAF is joined by the Firearms Policy Coalition, Firearms Policy Foundation, Madison Society Foundation, California Gun Rights Foundation and Independence Institute in the brief. They are represented by attorney Joseph G.S. Greenlee of Sacramento.
The case is known as Stephen Rupp, et. al. v. Xavier Becerra.
Plaintiffs/appellants are challenging the California ban on firearms in common use, asking the court whether that ban violates the Second Amendment, which was incorporated to the states via the 14th Amendment almost ten years ago in a landmark Supreme Court ruling known as McDonald v. City of Chicago, a SAF case.
As noted in the amicus brief, the Supreme Court has determined that if arms are “in common use,” they are constitutionally protected and cannot be banned. Only those arms determined to be “dangerous and unusual” – and therefore not “in common use” – they are not protected by the constitution.
SAF founder and Executive Vice President Alan M. Gottlieb said SAF involvement and interest in this case is not only appropriate, but necessary.
“Honest citizens living in California are entitled to the same exercise of rights as citizens of other states,” Gottlieb said. “This case is all about rights, and whether Golden State gun owners can be arbitrarily denied their rights simply because some people want to treat the Second Amendment as a government-regulated privilege.
“Just because some people don’t like certain firearms is no justification to prohibit other people from owning and responsibly using such firearms,” he added. “A right must be zealously protected and defended, and we are hopeful the Appeals Court agrees.”
SAF is joined by the Firearms Policy Coalition, Firearms Policy Foundation, Madison Society Foundation, California Gun Rights Foundation and Independence Institute in the brief. They are represented by attorney Joseph G.S. Greenlee of Sacramento.
The case is known as Stephen Rupp, et. al. v. Xavier Becerra.
Plaintiffs/appellants are challenging the California ban on firearms in common use, asking the court whether that ban violates the Second Amendment, which was incorporated to the states via the 14th Amendment almost ten years ago in a landmark Supreme Court ruling known as McDonald v. City of Chicago, a SAF case.
As noted in the amicus brief, the Supreme Court has determined that if arms are “in common use,” they are constitutionally protected and cannot be banned. Only those arms determined to be “dangerous and unusual” – and therefore not “in common use” – they are not protected by the constitution.
SAF founder and Executive Vice President Alan M. Gottlieb said SAF involvement and interest in this case is not only appropriate, but necessary.
“Honest citizens living in California are entitled to the same exercise of rights as citizens of other states,” Gottlieb said. “This case is all about rights, and whether Golden State gun owners can be arbitrarily denied their rights simply because some people want to treat the Second Amendment as a government-regulated privilege.
“Just because some people don’t like certain firearms is no justification to prohibit other people from owning and responsibly using such firearms,” he added. “A right must be zealously protected and defended, and we are hopeful the Appeals Court agrees.”
The 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.
