Bubbles
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http://cloudigylaw.com/this-week-at-the-supreme-court-cloudigy-law/
Today we asked the Supreme Court to consider a case we argued before the Fourth Circuit in December. See United States v. Masciandaro, 638 F.3d 458 (4th Cir. 2011). It involves the Second Amendment right to keep and bear arms in self-defense and raises significant issues regarding the scope of that right. We requested that the Court consider whether: 1) the right to possess and carry a firearm for self-defense extends outside the home, and 2) it is constitutional to prohibit law-abiding citizens’ possession and carrying of loaded weapons in motor vehicles while on National Park Service land. This includes some major commuter roads like the George Washington Memorial Parkway. In this case, Mr. Masciandaro (a law-abiding citizen) was convicted under a regulation that makes it a crime to possess or carry a loaded weapon in a motor vehicle that happens to be located on land owned or managed by the National Park Service. The regulation does not contain a self-defense exception to this prohibition, and the issue is whether it is so broad that it violates the Second Amendment rights of Mr. Masciandaro and other law-abiding citizens.
The Fourth Circuit's opinion is at:
http://pacer.ca4.uscourts.gov/opinion.pdf/094839.P.pdf
The Petition for Certiorari is at:
http://cloudigylaw.com/wp-content/uploads/2011-Masciandaro-cert-petition-w-appx-1.pdf
Today we asked the Supreme Court to consider a case we argued before the Fourth Circuit in December. See United States v. Masciandaro, 638 F.3d 458 (4th Cir. 2011). It involves the Second Amendment right to keep and bear arms in self-defense and raises significant issues regarding the scope of that right. We requested that the Court consider whether: 1) the right to possess and carry a firearm for self-defense extends outside the home, and 2) it is constitutional to prohibit law-abiding citizens’ possession and carrying of loaded weapons in motor vehicles while on National Park Service land. This includes some major commuter roads like the George Washington Memorial Parkway. In this case, Mr. Masciandaro (a law-abiding citizen) was convicted under a regulation that makes it a crime to possess or carry a loaded weapon in a motor vehicle that happens to be located on land owned or managed by the National Park Service. The regulation does not contain a self-defense exception to this prohibition, and the issue is whether it is so broad that it violates the Second Amendment rights of Mr. Masciandaro and other law-abiding citizens.
The Fourth Circuit's opinion is at:
http://pacer.ca4.uscourts.gov/opinion.pdf/094839.P.pdf
The Petition for Certiorari is at:
http://cloudigylaw.com/wp-content/uploads/2011-Masciandaro-cert-petition-w-appx-1.pdf