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 Minn. AG Lori Swanson and 33 other AG's favor Incorporation 
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 Post subject: Minn. AG Lori Swanson and 33 other AG's favor Incorporation
PostPosted: Tue Jul 07, 2009 2:26 pm 
Wise Elder
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Location: St. Paul
An amicus brief of the Attorneys Generals of Texas and 32
other States, asking that the Supreme Court grant cert. in NRA v. City of
Chicago and McDonald v. City of Chicago has been filed.

The Attorneys General who signed on are from Texas (leading the effort),
Alabama, Alaska, Arkansas, Colorado, Florida, Georgia, Idaho, Indiana,
Kansas, Kentucky, Louisiana, Maine, Michigan, Minnesota, Mississippi, Missouri,
Montana, Nebraska, New Hampshire, New Mexico, North Carolina, North Dakota,
Ohio, Oklahoma, Pennsylvania, South Carolina, South Dakota, Utah,
Virginia, Washington, West Virginia, and Wyoming.

Attorney General of California (Edmund G. "Jerry" Brown, Jr.) has filed a
separate amicus brief, also asking the Court to take the case and to hold
in favor of incorporation.

Question presented: Whether the right of the people to keep and bear arms
guaranteed by the Second Amendment to the United States Constitution is
incorporated into the Due Process Clause or the Privileges or Immunities
Clause of the Fourteenth Amendment so as to be applicable to the States, thereby
invalidating ordinances prohibiting possession of handguns in the home.

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 Post subject: Re: Minn. AG Lori Swanson and 33 other AG's favor Incorporation
PostPosted: Tue Jul 07, 2009 8:56 pm 
Wise Elder
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Joined: Thu Aug 11, 2005 7:48 pm
Posts: 2782
Location: St. Paul
From www.volokhconspiracy.com

Quote:
California Supports Incorporation of the Second Amendment:

See the California amicus brief -- signed by Attorney General Jerry Brown, who was a former Governor and is talked about as a possible future candidate for the Governorship as well -- supporting certiorari in NRA v. City of Chicago. The brief expresses support for a good deal of gun regulation, but says:

The petitions in these cases should be granted to provide needed guidance on the scope of the States’ ability to reasonably regulate firearms while extending to the states Heller’s core Second-Amendment holding that government cannot deny citizens the right to possess handguns in their homes.

And in explaining the state's interest as amicus, at the very start of the brief, it says:

California has a strong interest in protecting the constitutional rights of its citizens. But unlike many states, California has no state constitutional counterpart to the Second Amendment. Unless the protections of the Second Amendment extend to citizens living in the States as well as to those living in federal enclaves, California citizens could be deprived of the constitutional right to possess handguns in their homes as affirmed in District of Columbia v. Heller, 128 S. Ct. 2783 (2008).

Thirty-three other states also filed an amicus brief supporting incorporation, though they weren't the surprise that California's brief was -- 31 of them filed an amicus brief in Heller that also endorsed incorporation (footnote 6). The two new additions are Maine and North Carolina. One of the states that joined both of the multistate briefs, Minnesota, is one of the six states that doesn't have a right to bear arms provision in the state constitution; California is another.

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