Tag Archive: Gun Rights Victory


Federal Court Rules Interstate Handgun Transfer Ban Unconstitutional

 

 

 

 

 

 

” In a huge victory for supporters of gun rights, the United States District Court for the Northern District of Texas Fort Worth Division issued a ruling Wednesday declaring the federal ban on interstate transfers of handguns unconstitutional. The 28-page opinion in the case of Frederic Russell Mance, Jr. against Attorney General Eric Holder, Jr. Bureau of Alcohol, Tobacco, Firearms and Explosive Director B. Todd Jones was signed by United States District Judge Reed O’Connor.

  Joined in the lawsuit by the Citizens Committee for the Right to Keep and Bear Arms, the judgment noted the Brady instant background check system was not available when the prohibition on interstate transfers was enacted. Because that capability now exists, Judge O’Connor noted, the government’s “argument fails to take into account the current version of the 1968 Gun Control Act, nor does it address how simply crossing state lines under the modern regime can circumvent state law.”

“ Based on the foregoing, the Court concludes that Defendants have not shown that the federal interstate handgun transfer ban is narrowly tailored to be the least restrictive means of achieving the Government’s goals under current law,” O’Connor explained. “The federal interstate handgun transfer ban is therefore unconstitutional on its face.”

 

Read more from David Codrea at The Examiner

 

 

 

 

 

 

 

 

 

 

 

U.S. Appeals Court Expands Gun Rights

 

 

 

” In the first legal ruling of its type, a federal appeals court in Cincinnati on Thursday deemed unconstitutional a federal law that kept a Michigan man who was briefly committed to a mental institution decades ago from owning a gun.

  A three-judge panel of the Sixth U.S. Circuit Court of Appeals unanimously ruled that the federal ban on gun ownership for anyone who has been “adjudicated as a mental defective or who has been committed to a mental institution” violated the Second Amendment rights of Clifford Charles Tyler, a 73-year-old Hillsdale County man.

“ The government’s interest in keeping firearms out of the hands of the mentally ill is not sufficiently related to depriving the mentally healthy, who had a distant episode of commitment, of their constitutional rights,” wrote Judge Danny Boggs, an appointee of President Ronald Reagan, for the panel.

  Lucas McCarthy, Mr. Tyler’s lawyer, called the ruling “a forceful decision to protect Second Amendment rights,” and said he hoped it that it would have “a significant impact on the jurisprudence in the area of gun rights.” 

  Mr. Tyler recently attempted to buy a gun, but was denied on grounds that he had been committed by a court to a mental institution in 1986 after emotional problems associated with a divorce, Thursday’s opinion said. His commitment lasted less than a month.”

 

Wall Street Journal

 

 

 

 

 

 

 

 

 

Huge Win For Gun Rights In Alabama Election

 

 

 

 

 

 

” Alabama voters on Tuesday overwhelmingly favored a revision to the state constitution which will provide greater legal protections for the right to keep and bear arms. By a vote of 73 percent to 27 percent, voters amended the state constitution to include the following provision:

(a) Every citizen has a fundamental right to bear arms in defense of himself or herself and the state. Any restriction on this right shall be subject to strict scrutiny.

(b) No citizen shall be compelled by any international treaty or international law to take an action that prohibits, limits, or otherwise interferes with his or her fundamental right to keep and bear arms in defense of himself or herself and the state, if such treaty or law, or its adoption, violates the United States Constitution.

  Strict scrutiny is the most exacting level of judicial review employed by the courts. For a gun control law to survive strict scrutiny, the state must prove that it has a compelling interest that both justifies and necessitates the regulation in question. Among lawyers, strict scrutiny is frequently characterized as “strict in theory, fatal in fact.” Lawmakers receive no deference from the courts under this approach.

  Put differently, this new constitutional provision is a huge win for gun rights and a major defeat for gun control advocates in Alabama. “

 

Thanks to Reason.com