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Roberts v. Suzuki

09.19.19

HONOLULU, HI – Everytown for Gun Safety filed this amicus brief in the United States District Court for the District of Hawaii in a case challenging under the Second Amendment a Hawaii law prohibiting the civilian possession of electric arms such as tasers and stun guns. Everytown’s brief makes two doctrinal points in response to arguments advanced by plaintiff. First, Everytown demonstrates the circularity and illogic of the “common use” test argued for by plaintiff, based on sales data, which cannot be reconciled with the Supreme Court’s decision in Heller, binding court of appeals precedent, or common sense, and which, if accepted, would threaten public safety. Second, the brief explains why the “strict scrutiny” standard argued for by plaintiff is not the correct Second Amendment standard—and why, applying it here, would be inconsistent with more than a century’s worth of history of laws prohibiting other weapons less deadly than firearms.

Brief