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Puerto Rico gun owners win major court ruling

Posted By Dave Workman On Monday, June 22, 2015 01:25 PM. Under Breaking News, Legal Updates  

By Dave Workman | Senior Editor

Gun owners in Puerto Rico won a big victory when the Commonwealth Court eliminated the firearms registry and licensing requirements to purchase and carry guns by declaring such provisions unconstitutional, and the Second Amendment Foundation is delighted because it provided some strategic advice.

The Commonwealth of Puerto Rico is a U.S. territory and thus is subject to federal court jurisdiction.

According to Sandra Barreras with Ladies of the Second Amendment (LSA), the group that brought the lawsuit, “there is no regulation to purchase or carry (and) all purchases will be handled in accordance with federal firearms regulations.” LSA is affiliated with SAF through the International Association for the Protection of Civilian Arms Rights (IAPCAR).

Alan Gottlieb (6)

SAF Executive Vice President Alan Gottlieb

She told TGM in a telephone interview that if the case is appealed, which is likely, she wants SAF in her corner.

The ruling came in a class action challenge by more than 850 individual plaintiffs, Barreras said. At issue were various tenets of Puerto Rico’s gun law, which the court declared unconstitutional. Because of the ruling, Barreras said, Puerto Ricans may now carry openly or concealed without a permit, and they do not need to obtain a permit before purchasing a firearm.

The ruling cited SAF court victories including McDonald v. City of Chicago, and Palmer v. District of Columbia. In addition, the court cited the 2008 Heller ruling, which affirmed that the Second Amendment protects an individual civil right that extends far beyond service in a militia.

“Cumbersome firearms regulations have never prevented criminals from getting their hands on guns,” noted SAF founder and Executive Vice President Alan M. Gottlieb. “They have only inconvenienced law-abiding citizens, or deprived them outright from exercising their rights under the Second Amendment.”

He told TGM that the ruling was something of a stunner.

“This case turned out better than anyone had really anticipated,” he commented. “We’re very pleased to have played an advisory role in this case, and if there is a government appeal, we’ll definitely be there with whatever support we can provide to our good friends in Puerto Rico.”

 

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