The ACLU Explains Its New Second Amendment Case

This week, we've got a lawyer from the American Civil Liberties Union (ACLU) on the show.

That's because the group's North Carolina affiliate has filed an amicus brief in a Second Amendment challenge that's going to be heard by the North Carolina Supreme Court. And the ACLU is on the side of the defendant who is attempting to assert his gun rights. So, to discuss the details, we have ACLU of North Carolina Legal Fellow Jacqueline Landry joining us.

Landry helped author the group's brief in State v. Ducker, a Second Amendment challenge to the state's felon-in-possession gun crime. She said Ducker's underlying felony was non-violent, fleeing the police, and he never served any time in jail. She said the case isn't even about whether or not Ducker can be disarmed, but, rather, whether he can individually challenge his charges at all.

Landry said the lower court in this case had determined that anyone convicted of a felony falls outside of "the people" that the Second Amendment protects and, therefore, can't even make an as-applied challenge to their gun charges. She said the ACLU is arguing, alongside the CATO Institute, that the judge was wrong. Landry said the Supreme Court has determined the Second Amendment guarantees an individual right, and governments have to justify their modern gun restrictions comport with the historical tradition of gun regulation to survive a challenge.

She explained that the ACLU, which has started doing more Second Amendment challenges in recent years, has adapted to the Supreme Court's view of the right. However, Landry denied that the group has modified its views on guns and civil liberties. She argued the ACLU has always been primarily concerned with pushing back against the kind of categorical infringements on individual rights, like the felon-in-possession ban. She also disagreed that the group views Second Amendment rights as more limited than First or Fourth Amendment rights.

Landry also said the ACLU is likely to continue pursuing new Second Amendment cases moving forward, even if they aren't necessarily the group's top priority.

Special Guest: Jacqueline Landry.