Even in their homes, LGBT individuals are at risk of murder, aggravated assault and other forms of hate violence because of their sexual orientation. In fact, the home is the most common site of anti-gay violence. Thus, for certain LGBT individuals, the possession of firearms in the home is essential for a sense of personal security — a fact generally lost in the majoritarian debate about restricting individual’s access to, and use of, firearms. As shown below, not only do members of the LGBT community have a heightened need to possess firearms for self-protection in their homes, the Second Amendment clearly guarantees this most basic right. This Court should not permit the democratic majority to deprive LGBT individuals of their essential and constitutional right to keep and bear arms for self-defense in their own homes.
Michael B. Minton
Brief of Pink Pistols and gays and lesbians for individual liberty as amici curiae in support of respondent.
[As suggested by Kevin I downloaded the entire set of Heller briefs from Constitution Arms and found it quite useful.
One of the points made in the Pink Pistols brief is that majority rule without the minority right to self-defense leads to physical abuse and even death of those minorities. The essence of the way I see it is the minority individual has a much easier time defending themselves in court against a prosecution than being protected from the initial attack by an uncaring or hostile police force. Think of it in terms of what is required for successful prosecution versus a successful unlawful attack on the minority individual. Or, if you want, use the old standby, “It’s better to be judged by 12 than carried by six.”–Joe]