The Right Not To Bear Arms

This is a bit dated (August), but the City of Nelson in North Georgia's Pickens County and the Brady Center to Prevent Gun Violence have agreed to settle a lawsuit against the City’s mandatory gun ownership ordinance. Under the settlement, the City will amend the ordinance to make clear that the Constitution protects the individual right to maintain a gun-free home. The amended statute will say that the gun ownership mandate cannot be enforced and that there will be no penalties for non-compliance.

The ordinance as originally enacted on April 1, 2013, required all heads of households in Nelson, with certain exceptions, to own a working firearm and ammunition. The Brady Center brought suit against the City on May 16, 2013 in the U.S. District Court for the Northern District of Georgia, arguing that the ordinance violated the First, Second, and Fourteenth Amendments. The suit was filed on behalf of the membership of the Brady Center, who faced a $1,000 fine for non-compliance with the city rule. In the settlement agreement, the City accepted the Brady Center’s position that the United States Constitution protects the rights of Americans who choose to keep their homes free of firearms.

“Today’s agreement sends a message to residents of communities across the country that their Constitutional liberties will be protected; they do not need to worry that their local government will invade their privacy or their pocketbooks by forcing them to buy guns,” said the lead counsel for the Brady Center.