SCOTUS may hear case

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The Almighty
Jun 11, 2016
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Free America
KANSAS - Eight state attorneys general want the U.S. Supreme Court to reverse a ruling on firearms accessories.

The 10th U.S. Circuit Court of Appeals made a ruling that firearms accessories fall outside the scope of the Second Amendment. Kansas Attorney General Derek Schmidt joined other attorneys general in filing a legal brief on February 19th, 2019. They want the U.S. Supreme Court to hear an appeal and reverse the ruling.

According to Schmidt's Office, he told the U.S. Supreme Court that the "right to keep and bear arms protected by the Second Amendment extends beyond a firearm itself and includes some types of firearms accessories."

"The lawful use of firearms – including for hunting or recreational shooting – is a venerable tradition," the attorneys general wrote. "This is especially true in Kansas, where its citizens recently and overwhelmingly voted to amend the State's Constitution to reaffirm that an individual 'has the right to keep and bear arms for the defense of self, family, home and state, for lawful hunting and recreational use, and for any other lawful purpose' and the right to 'hunt … by the use of traditional methods.' The Tenth Circuit's unsupported conclusion that firearm accessories are categorically excluded from Second Amendment protection threatens … citizens' right to enjoy these time-honored pursuits."

According to the appeal's summary, "The Tenth Circuit's holding that all firearms accessories, including silencers, are not protected by the Second Amendment because they do not constitute "bearable arms" has sweeping ramifications. Under that logic, Congress could conceivably ban all ammunition without violating the Second Amendment, which obviously cannot be correct."

Kansas was joined in its brief by Arkansas, Idaho, Louisiana, Montana, South Carolina, Texas and Utah. The attorneys general asked the Supreme Court to review the lower court's decision in a federal case that arose from Kansas involving an individual who possessed a sound suppressor.

The attorneys general appeal argues that "The Tenth Circuit also suggested in a footnote that silencers are "dangerous and unusual" and might be excluded from the Second Amendment for that reason, as the district court held. But in reality, silencers are in common use for traditionally lawful purposes."

The Supreme Court is expected to decide later this spring whether to hear the appeal.

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