Cloudigy Law, PLLC., a boutique law firm in Virginia, dealing with various Intellectual Property rights litigation and counseling, has
announced that the case they argued (and lost) at the 4th Circuit, have filed for certiorari. See
United States v. Masciandaro, 638 F.3d 458 (4th Cir. 2011).
A copy of the petition for cert can be obtained at the announcement link, above.
Matt Levy and his two associates are representing Mr. Masciandaro
pro bono, working with the Office of the Federal Public Defenders. This announcement was made just this morning over at MDShooters. The petition was filed on June 22, 2011.
Quote:
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QUESTIONS PRESENTED - Does the Second Amendment to the United States Constitution protect a right to possess and carry a firearm for self-defense outside the home?
- If there is a Second Amendment right to possess and carry a firearm for self-defense outside the home, is it constitutional to prohibit law-abiding citizens’ possession and carrying of loaded weapons in motor vehicles while on National Park Service land?
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This is an even cleaner case than the
Williams case.
The cert petition is very well written and exposes what the lower courts are doing to emasculate the right to keep and bear arms for self defense. They even point out the blatant use of the 2A 2-Step; Deferential Reasonableness Tests (rational basis); Interest Balancing (calling it intermediate scrutiny), all chipping away at any 2A protections we may have.
If the Supreme Court had any doubts about the
Williams cert, this new cert petition wipes it away.
I feel it is all but guaranteed that the Court will take one or both cases.