Puerto Rico

2 posts

Victory in Puerto Rico

This one came in under the radar. An organization called Ladies of the 2nd Amendment in Puerto Rico brought a class-action suit challenging the Commonwealth’s permitting system.  They won.

In the Court of Salinas, Judge Lugo Anibal Irizarry ruled that Articles 2.01, 2.02, 2.04, 2.05 and 2.06 of the Arms Act failed constitutional scrutiny.  Most notably, he criticized the voucher system, stating “no fundamental right is taxable.”  While I doubt we can expect this decision to be quoted in continental cases, it’s nice to see an acknowledgement of that.

Residents may now carry firearms without needing to pursue a permit of any sort.  Additionally, there is no longer a licensing requirement for purchasing guns.

The last time I’d seen movement on the issue down there was 2011, in which they won two significant victories.  There isn’t a translation of the decision yet, but I’ve got feelers out.  I’ll post it as soon as it’s in my hands.

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Two Cases from Puerto Rico

Puerto Rico is a tough place to be a gun owner. The NRA and 2nd Amendment Foundation don’t have much reach there, and the Commonwealth is often a laboratory in which the government tests whether or not certain restrictions would fly on the mainland.

Antonio A. Hernández Almodóvar has argued against some of Puerto Rico’s more restrictive firearms laws, but until 2011, the courts have been less than sympathetic. That changed with the Supreme Court’s rulings in Heller and McDonald.

I’d heard about his winning streak, but no translations of the decisions had been made available, and it’s best not to trust Google or Babelfish for these things. This morning, he forwarded me his translations of two cases.

The first is Gunsmiths Association of Puerto Rico, Inc. v. Puerto Rico, reversing a lower court decision that failed to take incorporation into account. It also calls for intermediate to strict scrutiny in examining gun-control laws.

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