Second Amendment Law Center recently filed two amicus briefs challenging the authority of a federal district court in California to impose a ban on firearm possession as a condition of pretrial release.
2ALC joined with other national and state organizations to challenge the court’s ability to remove a person’s right to possess a firearm before being proven guilty of a crime.
At issue is the district court’s authority to impose the firearm possession ban. This condition dates back to the Bail Reform Act of 1984, in which Congress, for the first time, required district courts to consider a danger to others or the community, in addition to the risk of flight, in their bail decisions. In the same act, Congress also expanded the range of permissible conditions of release when done on personal recognizance or an unsecured appearance bond does not suffice to assure the person’s appearance at trial reasonably. One of those conditions is the person “refrain from possessing a firearm.”
This condition removes the “innocent until proven guilty” legal standard.
It is important to challenge these arbitrary efforts to remove basic fundamental rights, and we hope you will support us in these efforts.
Contribute to the work of the Second Amendment Law Center here: Help The Second Amendment Law Center Fight Back (2alc.org)