The Goldwater Institute teamed up with the Cato Institute today to file a brief in an important Second Amendment case now pending before the U.S. Supreme Court. The caseone of only a handful of Second Amendment cases ever to come before the courtinvolves a federal law that prohibits anyone who has been subjected to a domestic violence restraining order from possessing a firearm. Its certainly reasonable to want to keep violent criminals from using guns, but as we argue in the brief, this law goes far beyond reasonable regulations. <\/p>\n
In fact, it entirely disarms anyone who has been subjected to such an order from having a guneven if that person has a special need for one, or lives in an entirely different state from the person who got the restraining order. And a person against whom an order is issued has no right even to be informed that the order will entirely bar him or her from having a gun. <\/p>\n
We dont treat other individual rights this way. As the brief notes, the threadbare procedures set forth in [the federal law] would be considered woefully inadequate to support the abrogation of other fundamental rights such as the ability to petition the government for redress of grievances by attending a city council meeting, or accessing the Internet, or traveling about the country. The right of armed self-defense is no less important and no less entitled to an appropriate measure of procedural due process. <\/p>\n
You can read the brief here. <\/p>\n
Timothy Sandefur is the Vice President for Legal Affairs at the Goldwater Institute. <\/p>\n
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