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Gun group files lawsuit against attorney general

April 7, 2009 by  

Gun group files lawsuit against attorney general The Second Amendment Foundation (SAF) has filed a lawsuit in U.S. District Court for the District of Columbia against Attorney General Eric Holder in connection with his move to enforce the federal law against firearm purchases by non-resident American citizens.

The suit was filed jointly by SAF and two U.S. citizens Maxwell Hodgkins and Stephen Dearth who live in the UK and Canada, respectively, and have been denied the opportunity to buy firearms.

The complaint alleges the law Holder is enforcing is unconstitutional as it prevents citizens from exercising their Second Amendment rights. It also asserts that the law violates their right of equal protection under the Fifth Amendment.

"This is what happens when anti-gunners rush to pass a restrictive gun law that ignores the constitutional rights of law-abiding American citizens who happen to be living abroad," says SAF founder Alan Gottlieb.

"Honest Americans who live in other countries for a variety of reasons should not be denied their Second or Fifth Amendment rights when they return to American soil," he added, calling Hodgkins and Dearth "victims of anti-gun rights zeal."

In recent weeks, SAF has also threatened to sue the Mayor of Seattle Greg Nickels if he goes ahead with his plan to ban legally-carried firearms from city property, which, according to local media reports, may be enacted as early as May.

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