Frank Ettin
Administrator
In general it's very rare for the federal government to sue a State. And when the federal government does sue a State it's usually over some established federal policy or program -- very seldom to vindicate individual rights or interests. Furthermore, the federal government, as well as States, regulates guns. So in general it will be up to individuals (in many cases with the support of various RKBA advocacy groups like the NRA or Second Amendment Foundation) to challenge in court federal and state gun control laws.baddarryl said:I don't like the idea of the Feds suing states, but they certainly are not afraid to do it. Ala Az, and SC. Couldn't a Federal Prosecutor theoretically at least sue a state alleging it was denying US Citizens (thus protected by the Constitution) their 2nd Amendment rights?...
Remember also that it wasn't until 2008 (Heller) that we finally had a Supreme Court decision explicitly ruling that the Second Amendment describes an individual, rather than a collective, right. And until 2010 (McDonald) the Second Amendment did not apply against the States (as the Supreme Court had previously ruled in United States v. Cruikshank, 92 U.S. 542 (1876)).
So now we have something on the order of 70 RKBA lawsuits at various stages of litigation in various federal courts (see here for a rundown and current status information).