Class-action suit


BradAnderson

New member
I'd like to propose a nationwide class-action federal lawsuit against all state CCW laws. Essentially, federal case-law has defined the right of "Privacy" as being "the right to be free from public scrutiny," and it outlaws any state laws which infringe on this right.

CCW laws clearly belong in this category, since they expose a person to public scrutiny in the bearing of arms-- which is a right in many states, guaranteed under their state constitutions.

If we got together and mounted such a lawsuit in federal court, then we could end state CCW laws in all of these states whose Constitutions guarantee the right to keep and bear arms for self-defense-- including my home state of Michigan, where such a right is guaranteed under the state Constitution, Article I section 6.

While federal courts have been hypocritical in protecting gun-rights, claiming that states have a carte-blanche to trounce them regardless of the Second Amendment (which they consider as nothing but a state's right to a militia, despite prior Supreme Court case-law implying that states have no such right), the federal courts are less fickle about the right of Privacy, which they consider more important than the right to bear arms.

Essentially, we'll find a suitable law-firm willing to take the case. If we get enough people contributing in each state, then we can overturn it based on constitutional premises of the right to privacy, rather than the right to bear arms.
 

S&WM&P40

New member
I'd like to propose a nationwide class-action federal lawsuit against all state CCW laws. Essentially, federal case-law has defined the right of "Privacy" as being "the right to be free from public scrutiny," and it outlaws any state laws which infringe on this right.

CCW laws clearly belong in this category, since they expose a person to public scrutiny in the bearing of arms-- which is a right in many states, guaranteed under their state constitutions.

If we got together and mounted such a lawsuit in federal court, then we could end state CCW laws in all of these states whose Constitutions guarantee the right to keep and bear arms for self-defense-- including my home state of Michigan, where such a right is guaranteed under the state Constitution, Article I section 6.

While federal courts have been hypocritical in protecting gun-rights, claiming that states have a carte-blanche to trounce them regardless of the Second Amendment (which they consider as nothing but a state's right to a militia, despite prior Supreme Court case-law implying that states have no such right), the federal courts are less fickle about the right of Privacy, which they consider more important than the right to bear arms.

Essentially, we'll find a suitable law-firm willing to take the case. If we get enough people contributing in each state, then we can overturn it based on constitutional premises of the right to privacy, rather than the right to bear arms.


I like the idea, but all I'm seeing is $$$$$. How much would this cost?
 

Oldgrunt

Well-known member
I think the intent here is great and, if won, would be a boon to everybody. However, on the flip side, if this were to make it all the way to SCOTUS, there is a very good chance that some very liberal judges would not only deny it but also have an opportunity to add even more restrictions on us. There would have to be some very good lawyers presenting this case who would not be afraid to go balls-to-the-wall against the states and Federal government. If such lawyers are found and are willing, count me in!:smile:
 

sport.pilot

New member
Privacy

Your first problem with a suit like this is that there is not a constitutional right to privacy. Case law is not as powerful as being able to cite to the constitution. Courts (both state and federal) generally protect ones right to privacy when it is a situation where people expect privacy - the home, a private office, bathrooms, bedrooms, etc. But, the right to carry a gun in public seems to be a stretch of this principle. One has the right to bear arms, but states have the right to regulate and restrict any and all activities that it beleives might endanger its citizens. That is why some states still do not allow CCW and can get away with such restrictions. States cannot prevent one from having a gun in their home (of course there are exceptions - such as for convicted felons, etc.)since one has the right to protct their castle. But, once outside the home and in publie places, then the states enter the picture. And, state regulatory authority is recognized by all courts (both federal and state) when it comes to protecting their citizens. Such a suit is an interesting idea, but it will be a tough battle, that ultimately I beleive the states will win. The Federal Constitution is a very broadly constructed document that leaves a lot of discretion to the states. The area of regulating firearms, especially concealed carry, would seem to be an issue that is probably going to be left to state discretion. Just my opinion, which is based on 20 years or so working as a Deputy AG for left wing CA.
 

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