Merrifield Decision Goes To the U.S. Supreme Court

 


As you may know, Alan Merrifield and the California Wildlife Control Operators went to federal court and won a landmark decision affirming their common law right to pursue a gainful occupation free from the interference of state-imposed monopolies. The outcome of that case, now referred to as the Merrifield decision, is being used in support of a Second Amendment right to keep and bear arms case scheduled to be heard by the U.S. Supreme Court next March.

The Pacific Legal Foundation, who brilliantly represented the California curiae brief supporting Otis McDonald, et al who has sued the City of Chicago for violating his 2nd Amendment right to keep and bear arms in his home for his own personal protection.

 McDonald is being represented by attorney Alan Gura who was also the lead attorney in the Heller v. District of Columbia case where his client Dick Heller, et al prevailed in establishing the right of citizens to keep and bear arms in federal enclaves such as the District of Columbia.

 The question presented for the Court’s consideration is : “Whether the Second Amendment right to keep and bear arms is incorporated as against the States by the Fourteenth Amendment’s Privileges or Immunities or Due Process clauses.”  In other words, must State laws conform to the national standards established in the Second and Fourteenth Amendments to the U.S. Constitution? We believe the answer is obviously yes, but it is unclear whether the Court will incorporate through the Privileges or Immunities clause by overturning the infamous Slaughter-House decision or through the Due Process clause which has been used in the past to incorporate most of the Articles in our Bill Of Rights. In either case, the rights of WCOs and other entrepreneurs will be strengthened against arbitrary and excessive state regulation.

Personally, I’m hoping the Court will opt for applying the Privileges or Immunities Clause after overturning the Slaughter-House decision because that will vindicate the unsuccessful legal claim made by the Merrifield plaintiffs.  As you may recall, while we ultimately did prevail on Equal Protection grounds, the Court found against us on our Privileges or Immunities claim stating, “Given the Slaughter-House Cases limitation on the Privileges or Immunities Clause of the Fourteenth Amendment, we cannot grant relief based upon that clause unless the claim depends on the right to travel. Merrifield's claim does not invoke that right, and therefore must be denied.” Merrifield v. Lockyer 547 F.3rd 978 (9th Cir. 2080)

In any case, I am optimistic as to the outcome of the Court’s deliberations and WCOs are bound to benefit for the ultimate decisions made in this landmark case. For example, given all the ways cities, counties and states currently repress or prohibit WCOs’ use of guns as tools in wildlife control, we may obtain a new constitutional basis for challenging these laws, regulations, rules or policies, etc. if the this is how the McDonald decision ultimately unfolds.
 

Text Box:    CONSTITUTIONAL GUARANTEES

                                                                                        
                                                               

                                                   

Text Box:                   2nd AMENDMENT                         Right To Keep & Bear Arms

 

 

                                                                              


 

                                                                                                                                                                      

Text Box:                14th  AMENDMENT                                                                                             Privileges or Immunities     *      Due  Process     *       Equal Protection                Right to earn an honest living    

    
   
 

                                                                       

 

                                                                            

 

Text Box:                FEDERALLY PROTECTED Right to keep and bear arms in performance of our chosen wildlife control profession, free from arbitrary or excessive government gun control regulation.


No one can say how things will turn out, but I for one will be tuned in and will read everything I can find regarding this case. I urge WCO to do the same.

Tags: McDonald v. City of Chicago; Merrifield v. Lockyer; 14th Amendment - Privilege or Immunities Clause; 2nd Amendment- right to keep and bear arms; Heller v. District of Columbia; economic liberty -right to earn a living; Slaughter-House Cases.
 

(Read the Pacific Legal Foundation & Cato Institute amicus curiae brief)