Friday, April 26, 2019

NRA Firearms Law Seminar Part 3

Next, Sarah Gervase presented on the topic: Another Arrow in the Quiver: State Constitutions as Independent Guarantors of the Right to Keep and Bear Arms

Most litigators and others have focused on the US Supreme Court as the arbitrator of civil rights.

State Constitutions have largely been ignored as a source of firearms rights.

6 states lack any right to keep and bear arms in their state constitutions.

Left wing is already moving to use state constitutions to further their goals.

States can provide higher levels of protection than the floor of the US Constitution.

She noted under the Delaware constitution there's been good movement for the firearms rights movement.

In Vermont the state right to bear arms section of the state constitution predates the Bill of Rights, nut has been ging very blue with some new gun control laws that are currently being challenged.

She noted you will need legislative history as to the state constitutional right to keep and bear arms and show how state history is favorable to your position, and be careful about combining state and federal claims. She noted you also need to know your state supreme court as some are distinctly hostile to firearms rights claim.

No comments: