NH HOUSE REPUBLICAN ALLIANCE MEMBERS JOIN AMICUS BRIEF IN SUPPORT OF PETITIONERS IN MCDONALD V. CITY OF CHICAGO

GOP organization supports Friend of the Court Brief before the Supreme Court as part of an effort to secure citizens’ federal constitutional right to bear arms.

McDonald v. City of Chicago is one of several actions that have been filed as an aftermath of last year’s District of Columbia v. Heller decision in which the D.C. ban on keeping loaded, operable firearms in the home and possession of handguns was overturned. McDonald seeks to establish that the Second Amendment forbids both state and local governments from banning handguns.

The specific issue under consideration is whether the Second Amendment right to bear arms is incorporated by the 14th Amendment to the Constitution and/or the Privileges and Immunity Clause and therefore applies to the states. The petitioners in the action make a persuasive argument that this right is incorporated and are seeking support from legislators across the country in the form of a Friend of the Court Brief.

Representative William O’Brien (R-Mont Vernon), Co-Chair of the New Hampshire House Republican Alliance (NHHRA), stated that the right to bear arms is fundamental and not dependent on constitutional language alone. Therefore, the Second Amendment recognized right to bear arms applies directly against the states as well as the federal government, despite 19th century decisions that might be read as contrary. “This is a good brief and one that is worthy of the support of those members of the NHHRA and others who support the Second Amendment,” he said.  O’Brien added that “should this action be successful, it will provide long-lasting, constitutional protection of the fundamental right to possess arms against states seeking to infringe upon it”.

The NHHRA is comprised of members of the NH House of Representatives striving for legislative support for bills representing the NH and U.S. Constitutions and NH Republican party platform. For more information, please log onto http://www.nhhouserepublicanalliance.org.