ACRU Urges Court to Clarify the Right to Carry

Maryland law reduces Second Amendment's guarantee of right to bear arms largely to home and hearth, group contends in court brief.WASHINGTON, D.C. - Maryland is unconstitutionally restricting citizens' right of self defense outside the home, argues an American Civil Rights Union amicus brief submitted Monday to the U.S. Supreme Court.In Woollard and Second Amendment Foundation, Inc. v. Gallagher, et al, the brief, written by ACRU General Counsel Peter Ferrara, asks the Court to hear the case, and states:"There is nothing in the language of the Second Amendment, or of this Court's governing, binding precedents in Heller and McDonald, that limits the Second Amendment to self-defense within the [...]

ACRU Brief Says Right to Firearms Not Limited to Home

WASHINGTON (Feb. 11, 2013) -- In a brief filed today at the U.S. Supreme Court, the American Civil Rights Union (ACRU) urges the court to hear a case involving New York citizens who say their Second Amendment right to bear arms has been abridged by a state law and a court ruling limiting gun rights to inside the home.Written by ACRU General Counsel Peter Ferrara, the brief notes that the Second Circuit Court, in upholding a district court ruling, "failed to follow the plain language of District of Columbia v. Heller (2008)." The court "limited the Second Amendment right to keep and bear arms to within the [...]

ACRU Seeks to Strike Down Obamacare

The American Civil Rights Union filed an amicus curiae brief on October 4, 2010 in the Eastern District of Virginia in support of Virginia Attorney General Ken Cuccinelli in the case of Commonwealth of Virginia v. Kathleen Sebelius seeking to strike down Obamacare as unconstitutional. The brief argued that the delegated, enumerated power in the Commerce Clause to regulate interstate commerce does not include compelling participation in interstate commerce by requiring purchase of government designated products and services by those who otherwise choose not to do so. It also argued that the individual mandate is not a tax under the federal government's taxation powers, but a regulatory [...]

2018-11-07T12:51:47+00:00Categories: ACRU Amicus Briefs, In the Courts, OPED|Tags: , |

ACRU Defends Marriage in California

On September 24, 2010, the American Civil Rights Union filed a amicus brief defending marriage in the appeal of the same-sex marriage case Perry v. Schwarzenegger. The people of California voted to amend the California Constitution to define marriage as the union of a man and woman, ensuring that California would hold to the same concept of marriage as it has always existed in America and through all of human history worldwide. In August 2010, a federal district court in San Francisco declared that the U.S. Constitution contained a previously-undetected right to same-sex marriage, and struck down this part of the California Constitution, ordering that same-sex marriages [...]

Recalling Senator Kent Conrad: Tea Party Activists in North Dakota Fight Denial of Recall Effort

On August 30, the American Civil Rights Union (ACRU) filed an amicus brief in support of Tea Party activists arguing that North Dakota law does provide for recall of U.S. Senators. Tea Party activists had previously filed with the Secretary of State for approval of petitions for the recall of Senator Kent Conrad. They were denied by the Secretary of State citing an opinion from the state Attorney General that the North Dakota Constitution did not provide for the recall of U.S. Senators. However, the state Constitution expressly states that recall applies to "all elected officials of the state." The Recall Committee sued the Secretary of State [...]

ACRU Joins Effort to Protect Prayer

A federal judge in Wisconsin held in April that the National Day of Prayer is unconstitutional as a violation of the First Amendment Establishment Clause. On July 7, ACRU joined a brief coauthored by ACRU Fellow and Senior Legal Analyst Ken Klukowski that makes the case as to how and why a National Day of Prayer is perfectly acceptable to the First Amendment of the U.S. Constitution. Moreover, though, the brief makes the case as to why this lawsuit should just be dismissed without even considering the constitutional challenge, because the plaintiffs, the Freedom From Religion Foundation and several affiliated individuals, lack standing to bring this suit [...]

NRA v. City of Chicago and Village of Oak Park

Last year's watershed Second Amendment case of District of Columbia v. Heller was just the beginning of the fight over the meaning of the right to keep and bear arms. The most significant question now is whether the Second Amendment only applies to the federal government (because D.C. is directly under federal law) or whether it also applies to states and cities under the Fourteenth Amendment of the Constitution. This question of whether the Second Amendment is "incorporated" by the Fourteenth Amendment is now being offered to the Supreme Court. The city of Chicago has a law banning handguns similar to the law struck down last year [...]

Heller v. DC

Gun control laws in the District of Columbia effectively ban the use of handguns, or other guns, for self-defense within the home. Heller is a Federal security guard charged with helping to protect the Federal judiciary at the Federal Judicial Center in Washington DC. In that capacity, he is armed with a handgun for his work during the day. Heller wants to keep a handgun within his home in Washington DC for self-defense during the evening. He applied for a permit for such a gun but was denied, as required under DC law since 1976. He sued the city claiming that the DC gun control laws effectively [...]

ACRU Files Amicus Brief on DC v. Heller

Today, the ACRU filed an amicus brief on DC v. Heller, known as the DC Gun Ban Case.Peter Ferrara, General Counsel for the ACRU, said this,The Courts cannot treat the Second Amendment as a politically incorrect, disfavored stepchild of the Bill of Rights. Fidelity to the Constitution requires that courts give it the same zealous protection as every other right stated in our founding document. The Amendment is not being read broadly to protect the rights and liberties of the people if it is somehow interpreted to allow the government to adopt a complete ban on handguns and the use of other firearms within the home for [...]

2018-11-09T16:46:46+00:00Categories: ACRU Amicus Briefs, OPED|Tags: , |

ACRU Parker Cross-Petition Argument

The American Civil Rights Union filed an amicus curiae brief in the United States Supreme Court on Friday, October 12 in the case of Parker v. District of Columbia urging the Court to grant the requested writ of certiorari on behalf of 5 of the original 6 plaintiffs seeking to strike down the District's gun control laws as unconstitutional under the Second Amendment. The D.C. Circuit Court of Appeals had found that these 5 plaintiffs did not have standing in the case and dismissed them from the suit.However, in regard to the remaining plaintiff, Dick Anthony Heller, the D.C. Circuit found that the Second Amendment did protect [...]