The U.S. Supreme Court has decided to review a case that challenges New York City’s near-prohibition on possessing or transporting handguns, which is great news for states with restrictive gun laws such as California. The court granted a Writ of Certiori (an order a higher court issues in order to review the decision and proceedings in a lower court) in NYSRP v. NY City. Gun Owners of America and Gun Owners Foundation submitted an amicus (friend of the court) brief challenging the “balancing” approach used by lower court judges which leaves gun owners with a second-class right to bear arms. GOA is GOC’s federal counterpart; their press release is below as is a link to the actual brief.
GOA APPLAUDS SUPREME COURT FOR GRANTING CERT IN CASE INVOLVING NEW YORK CITY’S DRACONIAN GUN LAWS
Media Contact: Jordan Stein
January 22, 2019
For immediate release
Springfield, VA – Today the United States Supreme Court granted a Writ of Certiorari in NYSRP v. NY City, a case in which Gun Owners of America (GOA) and Gun Owners Foundation (GOF) have submitted an amicus brief.
This case challenges New York City’s near-prohibition on possessing or transporting handguns, and this is the first major Second Amendment challenge to be reviewed by the Supreme Court in almost a decade.
GOA’s executive director, Erich Pratt, stated, “Gun owners across the country — especially those ‘behind enemy lines’ living in anti-gun states — are rejoicing that the Supreme Court is taking up a Second Amendment case. For far too long, judges have ignored the Second Amendment, along with the Heller and McDonald decisions, instead employing a ‘balancing’ test that effectively leaves gun owners in anti-gun states with a second-class right to keep and bear arms.”
In fact, GOA’s brief specifically challenges the “balancing” approach taken by judges in the lower courts.
GOA’s brief states, “Heller and McDonald leave little doubt that courts are to assess gun bans and regulations based on text, history, and tradition, not by a balancing test … [where judges] usurp the role of the Framers of the Second Amendment.”
“GOA’s hard-hitting brief before the Supreme Court cuts to the heart of this problem by arguing that judges have to follow the Constitution — and the text of the Second Amendment — rather than imposing their own preconceived views upon the text,” Pratt concluded.
GOA’s brief can be viewed here.
Erich Pratt, or another GOA spokesman, is available for interviews. Gun Owners of America is a nonprofit lobbying organization dedicated to protecting the right to keep and bear arms without compromise. GOA represents over 2 million members and activists. For more information, visit GOA’s Newsroom.