The necessity for this Court to clarify the role of history in defining the right is illuminated by so many outcomes depending on whether the reviewing court considers history. Disregarding history and merely interest-balancing Second Amendment rights has allowed the Second Amendment to be singled out for special—and specially unfavorable—treatment. Many courts have boldly admitted doing so, offering justifications that this Court has previously rejected. Until this Court reinforces its precedents, lower courts will continue to treat the right to bear arms as a second class right.
Joseph G.S. Greenlee
Counsel of Record
Firearms Policy Coalition
October 30, 2019
BRIEF OF AMICI CURIAE FIREARMS POLICY COALITION, FIREARMS POLICY FOUNDATION, CALIFORNIA GUN RIGHTS FOUNDATION, MADISON SOCIETY FOUNDATION, AND SECOND AMENDMENT FOUNDATION IN SUPPORT OF PETITIONERS
[This is an Amicus brief before SCOTUS in Brian Kirk Malpasso, et al., Petitioners v. William M. Pallozzi, Superintendent, Maryland Department of State Police
Things are moving in the courts. It’s a good sign that gun owners are choosing the cases to back.
I believe this is our best chance for making progress on the gun owner rights front. I and, through matching funds to 501(c)(3) corporations, my employer donate thousands of dollars every year to FPC and SAF.—Joe]
Of course all rights are considered second class by those who regard themselves as first class, which was the whole point in enumerating them in the constitution and making public servants swear an Oath to it.
In that sense it’s like rubbing a puppy’s nose in his own excrement– He has a natural tendency to want to shit in your house, and you have to train him thoroughly and be forever vigilant so as to overcome that tendancy. The analogy fits quite well in that it shows that the politician will never respect rights for rights’s sake (the puppy has no inherent compunction against shitting in your house), but will only shape up when his personal pain resulting from violating the rights of others is greater than the very real pain he experiences in upholding them. This analogy breaks down entirely though, when you realize that a puppy actually derives pleasure in doing right by you.