Texas Governor Greg Abbott, along with eight other governors, is trying to take the right to bear arms argument to SCOTUS, finally.
Dallas News is reporting that Texas Governor Greg Abbott has filed a brief to ask the Supreme Court to step in and hear Silvester v Becerra (formerly Silvester v Harris). Along with eight other governors, the brief requests clarification in regards to the legal right of law abiding citizens to carry a firearm outside their homes.
“The question presented is whether the State of California can single out one group of disfavored citizens – namely, gun owners – and impose unique burdens on their fundamental rights,” the brief reads. “Indeed, no other group of private citizens has to prove – to the satisfaction of a government official vested with unreviewable and boundless discretion – that they really need to exercise their fundamental constitutional freedoms.”
This coincides with the Firearms Policy Coalition filing for a rehearing before the full Ninth Circuit Court of Appeals to receive an en banc hearing following the loss before the Ninth Circuit Court three judge panel.
SAN FRANCISCO (February 13, 2017) – Today, attorneys for The Calguns Foundation (CGF), Second Amendment Foundation, and two individual plaintiffs filed a petition with the Ninth Circuit Court of Appeals seeking en banc (full-court) review of a wrongly-decided opinion that overturned the trial court’s judgment that California’s Waiting Period Laws violate the Second Amendment to the United States Constitution.
This was a brilliant move by Abbott and the eight other Governors from Arizona, Arkansas, Iowa, Kansas, Kentucky, Maine, South Carolina and South Dakota. The Ninth Circuit Court is one of the most overturned appellate courts in the country. The brief to SCOTUS will undoubtedly put pressure on the Ninth Circuit Court to make the right ruling. So why does this tactic actually carry weight you may ask? In this case, the anti-gun groups have shifted to pushing local policy at the state level, since the federal government has not moved at all over the last eight years to pass any new gun laws, minus those passed by executive order. Most of the country falls under what we call shall issue, and more states are going the way of constitutional carry each day. If the federal government steps in to declare shall issue as the law of the land, it severely hampers any movement on the local level by Bloomberg’s well-funded groups. If the court wants to maintain its integrity it behooves them to uphold the original ruling, since anything the Supreme Court decides could even effect the draconian licensing process involved here in the state.
Here was my response to Governor Abbott following his Facebook post on the filing.
I am here in California. We are fighting daily. The DNC has a super majority here in California. They are now free to pass anything they wish. With Governor Brown leaving office and his successor most likely being Gavin Newsom, we are really down a rabbit hole with a one party rule.
No other state in the nation imposes such limitations on their citizens. From the ever shrinking safe handgun roster, to the now banned bullet button, to may issue.
Why should law abiding citizens be forced to prostrate themselves before government in order to practice a right? It is no longer a right.
The fact is we are being persecuted solely on our choice to practice a right. I have never in my life found it to be politically practical to watch our government pass insane, and unjust laws, only to then have to fight them out in the court system. For those of us here in California it has become the norm.
We have sat through the Kabuki Theater of the state legislature committee hearings. The votes were in before the hearing was held. It is and continues to be a complete farce.
We are faced with an activist Ninth Circuit Court which will refuse to apply appropriate scrutiny to any case. Without SCOTUS intervention the current set of laws will carry precedents which can then be leveraged by other states to restrict the right of law abiding citizens.