- Second Amendment Foundation: Restrictions ‘should be down for the count’
In recent years, courts have upheld the rights of Americans under the Second Amendment.
Jurisdictions such as state of California and the city of Seattle have adopted new gun restrictions that are under challenge.
But in pivotal cases at the U.S. Supreme Court, the Heller and McDonald cases, gun owners were assured that the Constitution protects their right to “keep and bear” arms.
Now, three more court decisions have supported gun owners.
Two of the cases were in New York, and a third was in Wisconsin.
“This should be tantamount to ‘three strikes and you’re out,’” said Alan Gottlieb, the founder of the Second Amendment Foundation.
“Gun control took three hard punches and should be down for the count.”
In one of the New York cases, the city of New York lost a procedural move in its attempt to impose a law that prevents gun owners from taking their handguns outside their homes.
The law requires them to go to and from a shooting range but nowhere else. To go elsewhere with a gun, they would be required to obtain a concealed carry permit. The Supreme Court already is planning a review of that dispute.
Such a rule exists only in New York, and the New York State Rifle and Pistol Association contends in its challenge that the restriction isn’t consistent with the Constitution.
The second victory was from the Wisconsin State Supreme Court, which dismissed a lawsuit against Armslist LLC that alleged the popular website was liable for the acquisition of a gun by Radcliffe Haughton in October 2012.
Haughton was subject to a restraining order at the time. The state high court ruled 5-1 that Armslist LLC is protected from liability by the federal Communications Decency Act. Haughton used the gun to murder his wife and two of her co-workers, SAF said.
The court ruling said federal law gives the site operators immunity.
The court ruled that the federal Communications Decency Act protects Armslist LLC from the liability from postings from third parties.
Radcliffe Haughton’s wife, Zina Daniel Haughton, got a restraining order against him that prohibited him from having a gun. But he bought a pistol and ammunition in October 2012 from a person he met through Armslist.com, according to court documents.
The next day he opened fire at Azana Salon & Spa in Brookfield, where his wife worked. He killed her, two of her co-workers and wounded four others before he took his own life.
The third case was in the New York state Supreme Court, which dismissed two SAFE Act counts against a man.
“The SAFE (for Secure Ammunition and Firearms Enforcement) is an extreme gun control act championed by anti-gun-rights Gov. Andrew Cuomo,” the foundation explained.
“In New York’s cases,” Gottlieb observed, “the court rulings should be a clear signal that the state, and New York City, have taken gun control to unacceptable extremes. They need to be reined in.
“The Wisconsin case should never have been filed in the first place,” he added. “The federal law is supposed to prevent such legal actions, and the Armslist case shows why.”