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Public Statements

Smith Calls On Supreme Court To Uphold Second Amendment

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Location: Washington, DC

Smith Calls On Supreme Court To Uphold Second Amendment

Rep. Adrian Smith (R-NE) has signed an amicus curiea, or "friend of the court" brief, asking the U.S. Supreme Court to hold that the Second Amendment applies to state and local governments through the Fourteenth Amendment, thereby protecting Americans' right to bear arms. The amicus brief, signed by 309 bipartisan Members of Congress from both the House and the Senate, has been filed with the U.S. Supreme Court in the case of McDonald v. City of Chicago.

"A ruling the Second Amendment does not apply to the states and to their localities would not only jeopardize our individual right to keep and bear arms for lawful purposes, it would also be contrary to the legislative history of the Fourteenth Amendment, whose sponsors in the Reconstruction era clearly intended to protect the right to keep and bear arms against infringement by state and local governments," the letter reads.

"The Second Amendment guarantees an individual the right to keep and bear arms, and for too long this right has been denied to some Americans simply because of where they live. Law abiding citizens who live in Chicago have just as much right to protect themselves and their families as do Nebraskans," Smith, a member of the Congressional Sportsmen Caucus, said.

The case of McDonald v. City of Chicago is one of several which were filed after last year's decision in District of Columbia v. Heller, in which the Supreme Court struck down Washington D.C.'s ban on handgun possession, as well as the city's ban on keeping loaded, operable firearms for self-defense in the home.

The McDonald case is expected to be argued in early 2010.


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