SAF Encouraged That Dearth 2A Case Will Move Forward
Jun 24, 2015, 04:15 ET
BELLEVUE, Wash., June 24, 2015 /PRNewswire-USNewswire/ -- The Second Amendment Foundation is encouraged that a federal appeals court has ruled 2-1 that Stephen Dearth's challenge of a federal law that prevents citizens living abroad from buying firearms while visiting in the United States will now go to trial in federal district court.
This is one in a series of legal actions, aimed at winning firearms freedom one lawsuit at a time, that have been filed and/or funded by the Second Amendment Foundation.
"A statute that prevents a law-abiding citizen from exercising his or her Second Amendment rights while back on U.S. soil, no matter where they happen to be living, needs to be challenged," said SAF founder and Executive Vice President Alan Gottlieb. "When Mr. Dearth is allowed to present his case, we're confident the court will agree that his rights as a citizen are being violated simply because of his mailing address."
The case was originally filed in 2009. Dearth, who is a natural-born citizen living in Canada, brought the legal action because current federal law prohibits him from buying or even renting a gun for personal protection while back in this country. The court noted that the case has lingered through "more than two years of consideration, three rounds of briefing, and two oral arguments."
The case had initially been dismissed by a federal district judge, but the three-judge panel overturned that decision.
"It is definitely time to get this case moving," Gottlieb said. "The issues involved here deserve to be heard, and Mr. Dearth is entitled to his day in court. He's certainly been waiting long enough for that to happen.
"The wheels of justice often move slow," he added, "and this case has felt at times like one of the tires was flat. But we're encouraged that the issue has been remanded for trial, and once the court has considered all of the facts, we're hopeful of a good resolution."
The Second Amendment Foundation (www.saf.org) is the nation's oldest and largest tax-exempt education, research, publishing and legal action group focusing on the Constitutional right and heritage to privately own and possess firearms. Founded in 1974, The Foundation has grown to more than 650,000 members and supporters and conducts many programs designed to better inform the public about the consequences of gun control.
SOURCE Second Amendment Foundation
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