Red Flag or Extreme Riske Protection Order Requirements For Consideration In Any Court.
I am a non-attorney suggesting as a friend of the court:
Any court considering an Extreme Risk Protection Order must
look for guidance from the Supreme Court's recent decision in
New York State Rifle and Pistol Assn., Inc. v. Bruen, 142 S.
Ct. 2111 (2022). In Bruen, the Court recognized that "the
Second and Fourteenth Amendments protect an individual right
to keep and bear arms for self-defense." Bruen, at 2125.
Further, in following the lead of District of Columbia v.
Heller, 128 S. Ct. 2783 (2008), the Bruen court reiterated
that "when the Second Amendment's plain text covers an
individual's conduct, the Constitution presumptively
protects that conduct, and to justify a firearm regulation
the government must demonstrate that the regulation is
consistent with the Nation's historical tradition of firearm
regulation." That tradition must be from the period the
Second Amendment was created. Bruen, at 2126.
Also, it is of import for the an Extreme Risk Protection
Order to review the United States Supreme Court's
interpretation of the value of the Second Amendment. In
McDonald v. City of Chicago, [*2]Ill, 561 U.S. 742, 780, 130
S. Ct. 3020 (2020) the United States Supreme Court declared
that the Second Amendment is not a "second-class right,
subject to an entirely different body of rules than the
other Bill of Rights guarantees." McDonald at 780.
Most recently, in New York Rifle and Pistol Association, Inc.
v. Bruen, supra, the Supreme Court reaffirmed McDonald.
Here, the Court stressed that "[t]he constitutional right to
bear arms in public for self-defense is not 'a second-class
right, subject to an entirely different body of rules than
the other Bill of Rights guarantees.'" Bruen at 2156,
quoting McDonald, supra, at 780.


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