Attorney General Morrisey, 18-State Brief Urges Supreme Court To Protect Second Amendment

Updated 1 year ago From a News Release by WV Attorney General Patrick Morrisey
CHARLESTON — West Virginia Attorney General Patrick Morrisey joined a coalition of 18 states urging the U.S. Supreme Court to consider a case with implications for the Second Amendment.

The coalition’s recent filing raises the argument that governments at all levels have enacted laws eroding the Second Amendment rights of citizens, and without guidance from a higher court, appeals courts have allowed such laws to stand.
“The Second Amendment is one of many building blocks in the foundation of our Constitutional rights as Americans,” Attorney General Morrisey said. “We are requesting the Supreme Court protect these fundamental rights by providing guidance to lower courts when cases on this matter arise.”
The case challenges the constitutionality of a federal law prohibiting firearms dealers from selling handguns to out-of-state consumers. A U.S. District Court ruled such a ban was unconstitutional, but the decision was later overturned by a three-judge panel of the U.S. Court of Appeals for the 5th Circuit.
When the 5th Circuit denied a request for a rehearing by the full court, seven of the 15 active judges dissented in three separate opinions.
To date, the U.S. Supreme Court has not intervened in a major Second Amendment case since 2010, and has recently declined to hear several such cases.
West Virginia joined the Texas-led brief with attorneys general from Alabama, Alaska, Arkansas, Georgia, Idaho, Kansas, Louisiana, Michigan, Mississippi, Montana, Nebraska, Oklahoma, South Carolina, South Dakota, Utah and Wyoming.
Read a copy of the brief at
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