Jackson v. City & County of San Francisco — Amicus Brief

Michael Harless Constitutional Law, Firearms Law, U. S. Supreme Court

Today, our firm filed an amicus brief in the U.S. Supreme Court in support of a challenge to San Francisco’s gun storage and ammunition ordinances.

This decision comes as the latest in a long string of decisions wherein the lower federal courts simply have refused to implement the decision of the U.S. Supreme Court in Heller. As our amicus brief explains, the lower federal courts are in a state of open rebellion in the lower courts against Heller. Our amicus brief documents the lawless behavior of the lower federal courts, and urges the U.S. Supreme Court to grant certiorari.

Our brief argues that at each and every opportunity, the Ninth Circuit did exactly what the Supreme Court in Heller specifically told federal courts they could not do. In this case, the Ninth Circuit has gone even further than other courts, upholding an ordinance nearly identical to the one struck down in Heller. Our brief argues that the Supreme Court must step in and quash the lower courts’ uprising against Heller so that constitutional rights are uniform across the country.

Our brief concludes by arguing that the U.S. Supreme Court’s “intervention is necessary in this case to remind the Ninth Circuit that it is, indeed, an ‘inferior’ court – under the authority of the U.S. Constitution – and not a law unto itself.”

Link to brief

Justices Thomas and Scalia filed an important Dissent to the Court’s denial of certiorari.”

Link to dissent to denial of certiorari