How would application of the Second Amendment against state and local governments affect firearms laws around the country?
If the Supreme Court holds that the Amendment does restrict state and local action, LCAV anticipates a substantial increase in the volume of Second Amendment litigation already clogging the nation’s courts, despite the fact that most, if not all, state and local firearms laws do not prevent a law-abiding citizen from possessing a firearm in the home for self-defense, and thus, would satisfy the holding in Heller. Should the Second Amendment be held to apply against the states, the gun lobby will continue to employ the threat of litigation to obstruct state and local efforts to enact common sense gun violence prevention measures, stifling in particular the adoption any innovative measures to combat gun violence. What is LCAV’s position on this issue? On January 6, 2010, LCAV filed an amicus curiae (“friend of the court”) brief in the McDonald litigation. The LCAV brief argues that the application of the Second Amendment against the states would violate important principles of federalism
