Tuesday, July 14, 2009

State Attorney Generals Support Incorporation of Second Amendment

The NRA-ILA website has a copy of an amicus brief signed by 32 state attorney generals, with California submitting a similar brief, urging the Supreme Court to rule that the Second Amendment is incorporated under the Fourteenth Amendment in the matter of NRA v. Chicago. The Seventh Circuit Court of Appeals ruled that it was bound by legal precedent to uphold Chicago’s draconian firearm bans – bans that coincidentally have done nothing but increase the already astronomical crime rate there. While the Seventh Circuit indicated it could not rule, the Ninth Circuit Court of Appeals ruled in Nordyke v. King that the Second Amendment did indeed apply to the states. As the Nordyke v. King decision predates the NRA v. Chicago decision, the Seventh Court’s ruling is questionable.

The fact that so many state attorney generals (33 of the 50) support incorporation of the Second Amendment is extremely encouraging, but the issue is now in the hands of the Supreme Court. The fact that we currently have contradictory precedents set by the Appellate Courts indicates to me that we need a ruling from a higher court to ensure consistency of law. If the Supreme Court rules in favor of incorporation (I’d expect a 5-4 decision in favor of incorporation with both the current and proposed make-up of the Supreme Court), then all outright bans of non-Class III firearms would come into question. It would represent perhaps an even greater victory for supporters of the Second Amendment than the original Heller decision.

Here is the list of the Attorney Generals that have signed either the combined brief or their own brief in support of incorporation:

EDMUND G. BROWN JR.
Attorney General of California

THURBERT E. BAKER
Attorney General of Georgia

TROY KING
Attorney General of Alabama

DANIEL S. SULLIVAN
Attorney General of Alaska

DUSTIN MCDANIEL
Attorney General of Arkansas

JOHN W. SUTHERS
Attorney General of Colorado

BILL MCCOLLUM
Attorney General of Florida

LAWRENCE G. WASDEN
Attorney General of Idaho

GREGORY F. ZOELLER
Attorney General of Indiana

STEVE SIX
Attorney General of Kansas

JACK CONWAY
Attorney General of the Commonwealth of Kentucky

JAMES D. “BUDDY” CALDWELL
Attorney General of Louisiana

JANET T. MILLS
Attorney General of Maine

MICHAEL A. COX
Attorney General of Michigan

LORI SWANSON
Attorney General of Minnesota

JIM HOOD
Attorney General of Mississippi

CHRIS KOSTER
Attorney General of Missouri

STEVE BULLOCK
Attorney General of Montana

JON BRUNING
Attorney General of Nebraska

KELLY A. AYOTTE
Attorney General of New Hampshire

GARY K. KING
Attorney General of New Mexico

ROY COOPER
Attorney General of North Carolina

WAYNE STENEHJEM
Attorney General of North Dakota

RICHARD CORDRAY
Attorney General of Ohio

W.A. DREW EDMONDSON
Attorney General of Oklahoma

THOMAS W. CORBETT, JR.
Attorney General of Pennsylvania

HENRY MCMASTER
Attorney General of South Carolina

LAWRENCE E. LONG
Attorney General of South Dakota

MARK L. SHURTLEFF
Attorney General of Utah

WILLIAM C. MIMS
Attorney General of Virginia

ROBERT M. MCKENNA
Attorney General of Washington

DARRELL V. MCGRAW, JR.
Attorney General of West Virginia

BRUCE A. SALZBURG
Attorney General of Wyoming

If your Attorney General is on that list, please write them a note of thanks! If your attorney general isn’t, find a way to find out why not. As an Oregonian, I’m extremely disappointed that my state’s Attorney General isn’t on the list, given that Oregon is far more Second Amendment friendly than either the states of Washington or California, yet both of those states’ Attorney General do indeed appear on the list.

This is a vitally important court case for all of our rights. If you haven’t already, please make sure you continue to support the NRA who is taking this vitally important suit forward.

Until next time!!!

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