California Attorney General and former Presidential Candidate Edmund “Jerry” Brown has submitted an Amicus Curiae brief (pdf), asking the Supreme Court to hear the joint NRA and SAF suits against Chicago. At first, it seems surprising and perhaps a bit heartening, but don’t worry, Brown’s got an agenda here.
It opens with the pronoucement:
(…) unlike many states, California has no state constitutional counterpart to the Second Amendment. Unless the protections of the Second Amendment extend to citizens living in the States as well as to those living in federal enclaves, California citizens could be deprived of the constitutional right to possess handguns in their homes as affirmed in District of Columbia v. Heller.
He points out that the Heller ruling failed, “to establish a standard of review applicable to asserted Second-Amendment infringements,” which is correct. He also concurs with Halbrook and Gura that the current schism between the 9th Circuit and other circuit courts on the matter of incorporation can only be settled by the Supreme Court.
Then he shows his real colors.
Further guidance on these issues is needed in California, which has been a national leader in passing common-sense legislation to regulate firearms. The Unsafe Handgun Act, for example (…) prohibits the manufacture or sale of any “unsafe handgun” in California, including those that lack certain safety features. (…) This law has furthered important governmental interests while not interfering with the ability of our state’s residents to purchase and possess a wide range of handguns. Nonetheless, California is presently defending the law against a federal constitutional challenge.
He refers here to Peña v. Cid, Alan Gura’s other 14th Amendment case, currently in the 9th Circuit.
In closing, Brown asks the court to grant certiorari “to provide needed guidance” in regards to firearms regulation, and he hopes for the establishment of a standard of review that will prove favorable to stricter laws.
It’s too early to tell if the Court will even address that part of the question. Nonetheless, there’s something interesting between the lines here.
He accepts that Heller recognized firearms ownership as an enumerated individual right, which is inevitable at this point, even for liberals. However, he also preemptively agrees that this right is incorporated against the states by the 14th Amendment.
Frankly, I didn’t expect that.
The Cato Institute and Gun Onwers of America have also filed briefs, but those bear deeper reading that Brown’s four-page missive, so I’ll need time. There is also a brief for the NRA’s case signed by 32 states’ Attorneys General circulating.