Thursday, November 18, 2010

Brady Campaign Says Oops - Never Mind

Like a scene from the first season of Saturday Night Live where Gilda Radner's character Miss Emily Litella is always saying "Never mind!", so it is with the Brady Center.

Yesterday they had this announcement on their website trumpeting their filing an amicus brief in the NRA's Texas case D'Cruz et al v. McCraw et al:
Brady Center Urges Court to Throw Out NRA Lawsuit to Allow Teenagers to Carry Concealed Firearms

Nov 17, 2010

The Brady Center to Prevent Gun Violence today filed a brief in the United States District Court for the Northern District of Texas urging the court to throw out an NRA lawsuit claiming that teens and young persons ages 18-20 have a constitutional right to carry loaded, concealed weapons in public.

“It is dangerous and reckless for the NRA to claim that teenagers should be allowed to carry loaded semiautomatic weapons on our streets and playgrounds. The Second Amendment allows for commonsense gun laws, it doesn’t require that we legally allow armed teens in our communities,” said Brady Center President Paul Helmke.

The lawsuit, filed by the National Rifle Association, claims that the Second Amendment requires that states allow teens and young persons ages 18-20 to carry loaded firearms in public. It seeks to overturn a Texas law that generally prohibits the carrying of loaded, concealed weapons by people under age 21. Texas is one of 36 states that restricts the possession or carrying of firearms by teens and young persons ages 18-20. The Texas Constitution specifically allows the regulation of public gun carrying, stating that the “Legislature shall have power, by law, to regulate the wearing of arms, with a view to prevent crime.”

The brief cites studies showing that young persons under 21 often lack the same ability as adults to “govern impulsivity, judgment, planning for the future, and foresight of consequences.” People aged 18-20 fall within the age range of offenders who commit the highest rates homicide and engage in criminal gun possession.

According to the Brady Center brief, the U.S. Supreme Court has held that the Second Amendment protects a limited, narrow “right of law-abiding, responsible citizens to use arms in defense of hearth and home” but has also made clear that the right to bear arms “is not infringed by laws prohibiting the carrying of concealed weapons.” Laws restricting teenage gun possession and carrying are reasonable gun laws permissible under the Second Amendment.

The Brady Center amicus brief was filed today in the case D’Cruz v. McCraw by attorneys with the Brady Center, the law firm Hogan Lovells and Texas attorney Scott Medlock. The Brady Center was joined on the brief by Texas organizations Mothers Against Teen Violence and the Texas Chapters of the Brady Campaign to Prevent Gun Violence.
Today, in that same court, they filed a motion to withdraw their application of amici curiae.
In light of the fact that defendants have not moved to dismiss Plaintiffs’ Amended Complaint and have instead requested additional time to respond to the Amended Complaint, the Brady Center to Prevent Gun Violence, Mothers Against Teen Violence, and Texas Chapters of the Brady Campaign to Prevent Gun Violence, through undersigned counsel, move to withdraw their application for leave to file a brief as amici curiae.
This move was not opposed by either the NRA or the Texas Attorney General's Office.

Perhaps to make up for their premature filing of their brief, the Brady Campaign then filed an application to file an amicus brief in the Westchester County (NY) pistol permit case, Kachalsky et al v. Cacace et al. They attached as an exhibit the proposed amicus brief.

However, as I noted in a post describing the first endorsed letters in this case, Judge Cathy Seibel's Individual Practices 2.A. requires a pre-motion conference arranged by letter before a motion is allowed to be entered into the record. She makes no mention of amici curiae filings. One must wonder if the Brady Campaign is quite aware of just how tightly Judge Seibel runs her courtroom. If not, they well could be in for a surprise and may have to say "never mind" again.

The Brady Campaign - the Miss Emily Litella of gun control groups.

UPDATE: David Codrea has a post on an earlier oopsie that the Brady Campaign had with an amicus brief here.

1 comment:

  1. The Second Amendment allows for commonsense gun laws, it doesn’t require that we legally allow armed teens in our communities

    I'd like for him to tell that to the 19-year-old rape victim I blogged about here.