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Overview
of
Bach v. Pataki
This
page last updated: October 25, 2003
Bach v. Pataki
was filed on November 29, 2002. It argues for the
individual right of the people to keep and bear arms under
the Second and Fourteenth Amendments and brings additional
issues up for review not addressed in the Silveira
v. Lockyer lawsuit -- including the issue of
interstate travel while exercising the right of the people
to keep and bear arms.
You can see all
pleadings, from the
original complaint to present, on the Status
Page. A Petition for Certiorari is already nearly
complete and will be filed with the United States Supreme
Court very soon.
Bach v. Pataki
was filed by Mr. David Bach of Virginia. Mr. Bach travels
to New York -- with his wife and children, to visit his
parents -- and wishes to carry a firearm for
self-defensive purposes in his travels. New York prohibits
him from doing so and would apparently rather leave him
defenseless against their infamous robbers and killers
than allow him to protect his loved ones and provide them
safe passage. This is an unacceptable violation of Mr.
Bach's Second Amendment rights.
Bach v. Pataki
has the potential to produce a strong, clear ruling on the
nature, purpose, original intent and effect of the Second
Amendment of the Bill of Rights. The current wording of
the questions to be presented to the Supreme Court in the
coming Certiorari Petition is as follows:
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QUESTIONS PRESENTED
I.
Whether the New York statutory policy of prosecuting out-of-State citizens who carry protective arms when traveling into the State, violates the privileges and (or) immunities clauses of the Fourteenth Amendment and Article IV, §2, as well as the Equal Protection clause of the Fourteenth?
II. Whether the Second, and Fourteenth Amendments, and Article IV, §2, protect the rights of individual citizens to keep and bear arms for family and personal defense while traveling interstate, without the threat of State confiscation or prosecution?
A.
Whether the right to keep and bear arms is protected by Article IV, §2, and should be incorporated into the Fourteenth Amendment, applied to the States, and then
Presser v. Illinois, 116 U.S. 252 (1886), and
United States v. Cruikshank, 92 U.S. 542 (1876), overruled?
B.
Whether the Second Amendment should be held to be part of the Fourteenth Amendment privileges or immunities of individual citizens, and the
Slaughter-House Cases, 83 U.S. (16 Wall.) 36 (1873), limited or overruled?
C.
Whether United States v. Miller, 307 U.S. 174 (1939), decided with no argument or appellate counsel for Miller, should be limited or overruled, and a fundamental individual right of family and personal defense recognized by this Court under the Second and Fourteenth Amendments?
III.
Whether a heightened standard of review should be applied to these state statutes that infringe fundamental rights protected by the Second Amendment, and incorporated into the Fourteenth?
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Those will be the
Questions for the Justice to hear and decide, should this
case be granted a Supreme Court hearing. It's possible the
questions may be slightly reworded, but not substantively
so -- and we will publish the Cert Petition once it is
filed.
Additional
Information on Bach v. Pataki:
Overview
of the Case
This includes a synopsis of the case, the objectives of
the case, statements from the originator of the case and
our relationship with him, and our commitment to the
case.
Status
of the Case
This includes each filing in the case to date and what
comes next.
Bach
in the News
This includes links to media reports about Bach v.
Pataki.
Home
Page
The official home page for Bach v. Pataki is http://KeepAndBearArms.com/Bach.
That home page is permanent and will remain in place
until we are victorious or until we are denied our
rightful day in court to legitimately address our
grievances.
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