AR15: Resolution Text

LRB-3478/1

RAC:bjk:jf

2009 - 2010 LEGISLATURE

2009 Assembly RESOLUTION 15

October 29, 2009 - Introduced by Representatives Hraychuck, Danou, Townsend, Petersen, Jorgensen, LeMahieu, Huebsch, Nygren, Meyer, Vos, Tauchen, Davis, Vruwink, Vukmir, Gunderson, Van Roy, J. Ott, Bies and M. Williams. Referred to Committee on Rules.

AR15,1,2 Relating to: requesting the participation of the attorney general as amicus curiae in certain cases before the United States Supreme Court.

AR15,1,9 Whereas, the United States Supreme Court is considering petitions for certiorari in National Rifle Association of America, Inc., et al. v. City of Chicago, Illinois, et al., No. 08-1497, and Otis McDonald, et al. v. City of Chicago, Illinois, No. 08-1521, that raise the questions of whether the right of the people to keep and bear arms guaranteed by the Second Amendment to the United States Constitution is incorporated as against the States by either or both the Due Process Clause and the Privileges and Immunities Clause of the Fourteenth Amendment; and

AR15,1,13 Whereas, Wisconsin citizens, through Article I, Section 25, of the Wisconsin Constitution, have unambiguously expressed their support for an individual's "right to keep and bear arms for security, defense, hunting, recreation or any other lawful purpose"; and

AR15,2,2 Whereas, the Wisconsin assembly desires that the United States Supreme Court be advised of Wisconsin citizens' interest in having the United States Supreme Court protect from state encroachment the right of individuals to keep and bear arms for purposes unrelated to service in a militia or other military organization; and

AR15,2,6 Whereas, the Wisconsin assembly desires that the United States Supreme Court be advised of Wisconsin citizens' interest in having the United States Supreme Court clarify the degree of protection that these citizens enjoy from state infringement of their right to keep and bear arms; and

AR15,2,11 Whereas, the attorney general of Wisconsin is prepared to file or join an amicus curiae brief advising the United States Supreme Court of Wisconsin citizens' concerns and interests regarding the issues raised by National Rifle Association of America, Inc. et al. v. City of Chicago, Illinois, et al. and Otis McDonald, et al. v. City of Chicago, Illinois; now, therefore, be it

AR15,2,18 Resolved by the assembly, That pursuant to section 165.25 (1m) of the Wisconsin statutes, the assembly authorizes the attorney general, in the event the United States Supreme Court grants certiorari in either or both National Rifle Association of America, Inc. et al. v. City of Chicago, Illinois, et al., No. 08-1497 and Otis McDonald, et al. v. City of Chicago, Illinois, No. 08-1521, to file or join a brief or briefs in the United States Supreme Court as amicus curiae in support of the petitioners.

AR15,2,19 (End)