Brady Center to Prevent Gun Violence
For Immediate Release
Contact: Brendan Kelly, bkelly [at] bradymail [dot] org
BRADY URGES SUPREME COURT TO UPHOLD FEDERAL LAW PROHIBITING SERIOUS CRIMINALS FROM BUYING GUNS
Brady Fights Back As NRA-Backed Decision Gives Criminals Access to Guns
Washington, D.C. – The Brady Center to Prevent Gun Violence is urging the U.S. Supreme Court to review a decision allowing two convicted criminals to possess guns, even though federal law prohibits them from doing so. Brady filed a brief in support of the U.S. petition seeking Supreme Court review of the case, Boente v. Binderup.
The two men were convicted of serious misdemeanors and thus prohibited from buying guns under federal law. The U.S. Third Circuit Court of Appeals held, by a margin of 8-7, that they were nonetheless entitled to buy and possess guns. Daniel Binderup pled guilty to sexually corrupting a minor. While most Americans agree that this is exactly the type of person who shouldn't have access to guns, the National Rifle Association (NRA) has thrown its support behind Binderup's effort to regain his access to guns. In addition, Julio Suarez pled guilty to carrying a handgun without a license, which police found after stopping him on suspicion of driving while intoxicated.
In the lower courts, the two men argued they do not pose a danger to society because they are "different" from other serious criminals. However, those with one prior misdemeanor conviction are five times more likely to be charged with a future violent crime if they are able to buy guns.
If the current decision stands, courts will be forced to evaluate potentially thousands of legal challenges by similar, or even more violent, criminals who want to own guns.
"Brady background checks save countless lives and keep guns away from domestic abusers, felons, and fugitives every day," said Dan Gross, President of the Brady Center. "We urge the Supreme Court to consider this case and uphold the long-standing safeguards that protect our communities and keep guns out of dangerous hands."
"The law preventing serious criminals from getting their hands on firearms is consistent with both the Second Amendment and centuries of legal precedent," said Jonathan Lowy, Director of the Legal Action Project at the Brady Center. "Granting convicted criminals a constitutional right to lethal firearms is a potentially dangerous business. Before taking this quantum leap in Second Amendment law, the Supreme Court should weigh the rights of all Americans to live in safety, free from the gun violence that victimizes 100,000 Americans every year."
Brady's brief was written by Sean A. Lev and Thomas B. Bennett from the law firm of Kellogg, Huber, Hansen, Todd, Evans & Figel, PLLC. For more than 25 years, the Brady Center's Legal Action Project, in conjunction with its pro bono partners, has been the only law group in America dedicated to taking on the gun lobby in the courts.
The mission of the Brady organization and its Million Mom March is to create a safer America by cutting gun deaths in half by 2025. For more insight on gun violence prevention, follow us on Facebook and Twitter @BradyBuzz.
About Us: The Brady Campaign and Center, united with the Million Mom March, is a national network of over 90 grassroots chapter affiliates mobilized to prevent gun violence at the community level. The network has played a vital role in expanding Brady background checks in the six states that have passed legislation since the shooting in Newtown, Connecticut and produced the largest national protest of gun violence in U.S. history - The Million Mom March, Mother's Day 2000.