Greg Abbott and the 2nd

Discussion in 'Gun Legislation' started by Castrolr1, Jul 9, 2009.

  1. Castrolr1

    Castrolr1 Member

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    Texas Attorney General Greg Abbott Spearheads Effort
    On Amicus Brief Supporting Second Amendment Incorporation
    Please Thank Attorney General Greg Abbott!
    A recent decision by the U.S. Court of Appeals for the Seventh Circuit rejected two Second Amendment challenges to local handgun bans. This week, two-thirds of the nation’s attorneys general signed onto and filed an amicus brief, or "friend of the court" brief, asking the U.S. Supreme Court to review the case of NRA v. Chicago and address conflicting appellate court rulings on whether the Second Amendment applies to state and local governments through the due process clause of the Fourteenth Amendment to the U.S. Constitution. The issue of "incorporation", or application of the Second Amendment to the states, was not addressed in the Heller case.
    This bi-partisan group of 33 attorneys general, along with the Attorney General of California in a separate filing, supports NRA’s position that the Second Amendment protects a fundamental individual right to keep and bear arms and that it should be incorporated to the states via the Fourteenth Amendment. Your Attorney General, Greg Abbott, served as the lead attorney on this brief, authoring it and recruiting two-thirds of his colleagues across the country to sign on as well. Please email General Abbott at greg.abbott@oag.state.tx.us and thank him for his leadership role in the fight to protect our Second Amendment rights!

     


  2. TriggerTime

    TriggerTime Member

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    This will be a really important case to re-affirm, possibly expand on, what the Court did last year on the 2nd Amendment. I need to read the brief filed by the California AG -- that surprises me that he would join in at all.
     
  3. Libertarian

    Libertarian New Member

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    Correct me if I'm wrong, but isn't the AG for California a left wing gun banner, Ed Brown?

    Maybe he used the wrong kind of mushrooms in his spaghetti sauce.
     
  4. TriggerTime

    TriggerTime Member

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    I just read his (Ed Brown's) brief in support of asking the Court to hear the case. He basically says that he believes that the 2nd Amendment applies to the States -- which in California's case is critical because their state constitution does not have an equivalent to the 2nd Amendment -- and that he wants guidance from the Court on the extent that a state can lawfully regulate firearms. I'm still surprised that he didn't opt to just say nothing or take the position that the 2nd Amendment doesn't apply to state's (which would be telling the U.S. Supreme Court that they were wrong in Heller).
     
  5. TexasT

    TexasT New Member

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    can anyone Please explain in short answer, just the facts, dragnet style what the heck this amicus brief is all about, cause Im shore not going to read it all.
    Thanks in advance to anyone who can.
     
  6. TriggerTime

    TriggerTime Member

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    An amicus curie brief translates into "friend of the court." When there are important issues before a court of appeals, or the U.S. Supreme Court, persons who are interested, but who are not parties to the case, can ask for permission to file an amicus brief -- making arguments in support of one side or another. The court does not have to read them or consider them.

    The 30 state attorney's general have filed amicus briefs in this case stating there various reasons why the Supreme Court needs to hear this case and rule on how the 2nd Amendment applies to states.

    Hope that helps.
     
  7. TexasT

    TexasT New Member

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    Thanks TriggerTime for the info. Works for me.
     

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