21,847 247 Brady Center to Prevent Gun Violence
feed
Legal Action Project Defending Gun Laws
Brady Center's Brief in McDonald v. Chicago Urges U.S. Supreme Court to Allow Gun Regulation
Click on arrow to learn more!
 


The Brady Center to Prevent Gun Violence, joined by several national law enforcement groups, filed a friend of the court brief on November 23, 2009, in the United States Supreme Court urging the Court to interpret the Second Amendment to allow for “reasonable” gun laws.

The brief was filed in McDonald v. City of Chicago, in which the Court will determine whether the Second Amendment applies to state and local laws. The Brady Center argues that the Court should announce a test that allows for gun laws that are a "reasonable" exercise of state or local power to protect the public safety, a legal standard used overwhelmingly by state courts in interpreting "right to bear arms" provisions in state constitutions for over 150 years.“

» Click here to read the Brady Center's brief
» Click here to read the press release

» Click here to see Dennis Henigan on Fox News discussing the case

  
The Supreme Court will determine whether the Second Amendment applies to state and local laws in McDonald v. City of Chicago.

 
Brady Center Victories in Second Amendment Cases in Massachusetts Supreme Judicial Court

 

On March 10, 2010, the Massachusetts Supreme Judicial Court agreed with amicus briefs filed by the Brady Center when it ruled in two Second Amendment cases, Commonwealth v. Runyan & Commonwealth v. DePina. 

In Runyan, a lower court had dismissed a case against Richard Runyan who was charged with violating a state safe storage law, holding that the storage law was unconstitutional under Heller.  The Supreme Judicial Court reversed, unanimously agreeing with the Brady Center that the Second Amendment does not overrule the state's right to require owners to store guns safely.

In DePina, the Supreme Judicial Court rejected an appeal by a man convicted of illegally carrying a loaded firearm.  Nathaniel DePina had claimed that the Second Amendment prohibited the state from prosecuting him for illegal gun carrying.  

» Click here to read the Brady Center’s brief in DePina
» Click here to read the Brady Center's brief in Runyan
» Click here to read the opinion in DePina
» Click here to read the opinion in Runyan

  
The Massachusetts Supreme Judicial Court upheld life-saving gun laws in two recent opinions. 

 

LAP Victory in Second Amendment Case
 


On January 11, 2010, the U.S. Court of Appeals for the 11th Circuit agreed with an amicus brief filed by the Brady Center, rejecting a Second Amendment challenge to a criminal conviction under the Lautenberg Amendment, which prohibits misdemeanor domestic violence offenders from possessing firearms. Ludivic White, Jr., had appealed his conviction for unlawful firearm possession, arguing that the law was unconstitutional under the Supreme Court's decision in DC v. Heller.

 

On April 1, 2009, the Brady Center joined with other groups to file an amicus brief in the case, arguing that the Second Amendment does not prohibit Congress from criminalizing the possession of firearms by convicted domestic violence offenders. The brief explained that Heller made clear that the Second Amendment does not entitle convicted criminals to possess guns.

» Click here to read the Brady Center's brief
» Click here to read the opinion

  

 



The 11th Circuit ruling upheld the Lautenberg Amendment's prohibition on firearm possession by misdemeanor domestic violence offenders.
Brady Center Files Brief Urging Colorado Court to Uphold University Gun Policy
 


The Brady Center to Prevent Gun Violence filed a friend of the court brief on November 23, 2009, in the Colorado Court of Appeals urging the Court to uphold the University of Colorado’s gun policy, which prohibits firearms and other dangerous weapons on campus.

The brief was filed in Students for Concealed Carry v. The Regents of the University of Colorado, in which the SCC seeks to have the Court strike down the University policy as unconstitutional. SCC is appealing a lower court decision that dismissed the suit. The Brady Center argues that the University’s policy is a constitutional and reasonable response to grave dangers of guns on campuses, is in keeping with the policy of most universities, and is supported by virtually all Americans.

» Click here to read the Brady Center's brief
» Click here to read the press release

  
The Brady Center's brief urges the Court to uphold the University of Colorado's gun policy, which prohibits firearms and other dangerous weapons on campus.
Victory! Court Rules That Local Governments in Ohio Have a Right to Regulate Firearms

 

 

On November 12, 2009, the Court of Appeals of Ohio ruled that the City of Cleveland and cities throughout Ohio are not prevented from enforcing valuable firearms ordinances that have been enacted over the years in order to stop gun violence. The Court struck down an Ohio law, R.C. 968, as an unconstitutional limit on municipalities’ home rule police powers.

The Brady Center joined with gun violence prevention advocates to file an amicus brief in the case, City of Cleveland v. State of Ohio, on March 25, 2009. The brief urged the court to declare R.C. 9.68 as violative of the Ohio Constitution. In its November 12 ruling, the Court did exactly that, awarding summary judgment to the City of Cleveland

» Click here to read the Brady Center's brief
» Click here to read the opinion