Jan 27, 2011
Washington, DC- The Brady Center to Prevent Gun Violence late yesterday filed a brief in federal court in New Jersey urging the dismissal of a lawsuit seeking to strike down New Jersey laws regulating the carrying of loaded guns in public. The Brady Center brief explains that New Jersey’s strong gun laws have helped the state achieve one of the lowest gun death rates in the nation, less than half the national average.
The lawsuit brought by the Second Amendment Foundation, Inc. and the Association of New Jersey Rifle & Pistol Clubs, Inc. challenges New Jersey laws that require that people seeking to carry loaded guns in public have a “justifiable need” to do so. Courts around the country have upheld similar laws, rejecting lawsuits claiming that the Second Amendment allows a right to carry loaded guns in public.
“The Second Amendment allows states and communities to restrict the carrying of loaded guns on their streets and in their parks and playgrounds. And that makes sense,” said Brady Center President Paul Helmke. “The recent events in Tucson make it clear that the federal court here should join others around the country that have rejected the gun lobby’s attempt to force all Americans to live under their ‘any gun, anywhere’ regime.”
The Brady Center brief explains that the U.S. Supreme Court’s recent decisions in District of Columbia v. Heller and McDonald v. Chicago dealt only with a Second Amendment right to possess guns in the home for self-defense. The U.S. Supreme Court held that the Second Amendment right “is not unlimited” and is subject to “reasonable firearms regulations.” The Supreme Court has said that bans on carrying concealed weapons do not violate the Second Amendment. Numerous other courts have recently upheld state restrictions on carrying loaded guns in public.
The lawsuit, Muller v. Maenza, is pending in the United States District Court in New Jersey. The Brady Center’s brief was joined by Ceasefire NJ and the New Jersey Million Mom March Chapters of the Brady Campaign to Prevent Gun Violence. The brief was filed by attorneys with the Brady Center and the firm Hogan Lovells US LLP.
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The Brady Campaign is the nation's largest citizens' lobby to prevent gun violence. We represent the voice of the overwhelming majority of Americans who are tired of living with the constant tragedy of gun violence and are in favor of strong laws and policies that will save lives. We are the light that exposes politicians who are putting the American people at risk, empowering the American people to hold them accountable for decisions and actions that undermine public safety.
We are driven by the focused vision of a nation where all Americans are safe at home, at work, at school, and in our communities.
Dan Gross is the President of the Brady Campaign and the Brady Center to Prevent Gun Violence. A photo and more information about Dan Gross is available here.
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