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  • CypherPunk

    Opinions Are My Own
    Apr 6, 2012
    3,907
    Second Amendment Foundation

    SAF Lauds Puerto Rico Court Victory For Gun Rights

    BELLEVUE, WA – A surprising victory for gun rights in Puerto Rico has eliminated the firearms registry and licensing requirements to purchase and carry in the Commonwealth, the Second Amendment Foundation has confirmed.

    As of now, 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).

    The class-action lawsuit challenged various articles in 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.

    This was a class action lawsuit involving more than 850 individual plaintiffs, she reported to SAF offices. The news was greeted with delight, especially because in reaching its decision, the court cited the Heller and McDonald Supreme Court cases, and the recent ruling in Palmer v. District of Columbia. Both the McDonald and Palmer cases were won by SAF.

    “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.”

    Gottlieb said the lawsuit was brought in a Puerto Rican Commonwealth court, rather than a federal court. Puerto Rico is a U.S. territory and thus is subject to federal court jurisdiction.

    “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.”




    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.




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    DC-W

    Ultimate Member
    Patriot Picket
    Jan 23, 2013
    25,290
    ️‍
    WTF???? Holy shiiiiiiiiiiiiiit!

    I didn't even know there was a case against PR.
     

    DC-W

    Ultimate Member
    Patriot Picket
    Jan 23, 2013
    25,290
    ️‍
    There's nothing other than SAF's presser floating around about it at the moment.

    Probably wanna keep an eye on this site every now and then though
    http://www.wapa.tv/

    Hey, they're airing Jurassic Park III, wouldn'tcha know?
     

    press1280

    Ultimate Member
    Jun 11, 2010
    7,920
    WV
    I have to see the opinion. If you recall, their may-issue CCW was overturned by a PR appeals court soon after Heller.
    Amazing that the PR courts get it and ours think restrictive may-issue is constitutional.
     

    Schipperke

    Ultimate Member
    MDS Supporter
    Feb 19, 2013
    18,777
    PR has (had?) a scheme that is fairly close to Maryland carry, BUT just to own a gun in your home. Pay a tax and have to have references etc. It is (was?) very hard to own a gun in PR
     

    Mike

    Propietario de casa, Toluca, México
    MDS Supporter
    THIS! (used google translate)

    "As a matter of definition, the state is prevented from requiring permits for citizens to exercise fundamental rights. Never a competent court has had to validate a license to allow a citizen to exercise their religion, freedom of press, freedom expression, for it to be worthy to have the opportunity to be tried by a jury, or to exercise privacy, or be free, "he added.

    "Como una cuestión de definición, el estado se encuentra impedido de exigir permisos para que los ciudadanos puedan ejercer derechos fundamentales. Nunca un tribunal competente ha tenido que validar una licencia para autorizar a un ciudadano ejercer su religión, la libertad de prensa, la libertad de expresión, para ser digno, para poder tener la oportunidad de ser juzgado por un jurado, o para ejercer la privacidad, o ser libre", agregó.
     

    danb

    dont be a dumbass
    Feb 24, 2013
    22,704
    google is your friend, I am not.
    1- WTF??? Puerto Rico is con carry before MD??

    2- They are going to need it. They are pretty close to getting flushed down the crapper (debt default). Soon they won't have money for police.
     

    Schipperke

    Ultimate Member
    MDS Supporter
    Feb 19, 2013
    18,777

    DC-W

    Ultimate Member
    Patriot Picket
    Jan 23, 2013
    25,290
    ️‍
    En Ingles, por favor...

    :rolleyes:

    Siento

    The judge of the Court of Salinas, Lugo Anibal Irizarry, decided that some articles of the Law 404 of Weapons in Puerto Rico statutes are unconstitutional because they violate the fundamental and individual right under the Second Amendment to the US Constitution to own and bear arms.

    After solving a request has no place in the government of Puerto Rico to dismiss the lawsuit filed by William Bermudez and other citizens, Lugo Irizarry said that all those who wish to acquire firearms only have to complete the registration process Transaction Firearms Form 4473 from the Bureau of Alcohol, Snuff and Firearms and Explosives (FTA, for its acronym in English), "because this process concurrent state procedure, be active, available in all the armories properly licensed country and be one valid and constitutional. "

    According to the lawyer looked after hearing both sides in view of argument, the requirements of the Puerto Rico Police and the Department of Justice to obtain a license for possession and carrying of weapons violate the fundamental and individual right of the Second Amendment, not They justified, and in many cases are irrational.

    In addition, "The granting and recognition of the constitutional right to own and / or bear arms it is not a matter to be resolved pending law. Such a thing is already resolved by the Supreme Court of the United States. " Moreover, "the exercise of that right must not wait for the executive or legislative move to recognize".

    However, the qualifications are recognized for whoever bear arms can not suffer mentally competent, be criminal, carry it in sensitive public buildings such as schools or places, or places where you can regulate not to.

    Among the requirements were challenged is the certification of criminal records because the state itself is issued, and can be accomplished in seconds and at no cost through the website of the Federal Bureau of Investigation (FBI) "National Crime Investigations Center ". Other certificates, such as non-debt to the Treasury Department or the Adminsitración Child Support (ASSUME) have no reason to be because it is the responsibility of the care of evaders State and not owe money to the treasury or the failure to pay pensions can not go on a fundamental right.

    As for the number of vouchers that are required for licensing, the judge stressed that "no fundamental right is taxable."

    Similarly, the request for fingerprints to obtain a license may represent a violation of privacy, "that at the federal level is so important that the registration of firearms is prohibited".

    Also, Lugo Irizarry determined that the requirement for a declaration of three people is unconstitutional because "an individual right does not depend on the judgment of others."

    Meanwhile, as long as the delay in answering Superintendent license applications 120 days is a time when you are forbidding citizens to exercise their fundamental right
     

    ih23

    Active Member
    Dec 13, 2009
    484
    Rockville, MD
    Woohoo! This is awesome. This was some much needed good news.

    I just went to tell all my family, not just because of the mere win, but because of the massively correct decision that was made. It is a great example of a judge upholding his oath and clearly stating what is an absolute right.

    I remember a few years ago some Puerto Ricans were publicly speaking out against the crime there and lamenting the fact they couldn't properly defend themselves, their families and property. This was not just a court decision, but was also the result of massive turnout and citizenry involvement. Many PR citizens wanted gun rights, advocated for them and were heard. Much credit to those citizens involved. :patriot:
     

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