Gun Owner Challenges Ban in State Parks
LAS VEGAS (CN) - A "lifelong outdoorsman" from Idaho has challenged Nevada's law banning firearms in state parks, 2 weeks after the U.S. Supreme Court extended the reach of the 2nd Amendment to state and local levels.
Al Baker, an NRA-certified instructor who had plans to camp in the Wild Horse State Recreation Area in Elko, Nev., says he sought a special-use permit to bring a gun for self-defense. But he says Nevada officials threatened to enforce the state law if he took a firearm to a state park.
"The right to keep and bear functional firearms for the core lawful purpose of self-defense is guaranteed by the Second Amendment and enforceable against the states and their political subdivisions," Baker claims in Federal Court.
The Supreme Court in June opened the door for lawsuits challenging local bans on guns. It ruled 5-4 that the 2nd Amendment extends to the city and state level.
"We have previously held that most of the provisions of the Bill of Rights apply with full force to both the federal government and the states," Justice Samuel Alito wrote in his opinion. "Applying the standard that is well established in our case law, we hold that the Second Amendment right is fully applicable to the states."
Baker seeks a court order determining that Nevada's law banning firearms in state parks infringes on his right to keep and bear arms. He also seeks an injunction to stop officials from enforcing the law.
He is represented by Robert Salyer with Wilson Barrows & Salyer.