Appeal in U.S. v. Perez sparks multi-state defense of gun control laws

August 14, 2024 Robert Abruzzese, Courthouse Editor

Steven Perez's appeal, challenging his conviction for illegally obtaining firearms, has prompted Attorney General Letitia James and a multistate coalition to defend gun control regulations in the Second Circuit, highlighting the national importance of these laws. Photo: Seth Wenig/AP

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Attorney General Letitia James has taken a decisive step in supporting state and federal laws that regulate gun sales, leading a coalition of 22 attorneys general in filing an amicus brief in the case of U.S. v. Steven Perez.

The brief, submitted to the United States Court of Appeals for the Second Circuit, explains the importance of regulations that require individuals to use a federally licensed firearms dealer when transporting or receiving firearms from outside their state of residence.

“States and the federal government should be allowed to enforce basic regulations about who can buy and sell guns to ensure they don’t end up in the wrong hands and to protect our communities,” said Attorney General James. “We know that these commonsense laws work and have prevented people from illegally obtaining firearms that could pose a significant threat to others.

“My office will continue to do everything in our power to stop senseless gun violence, and that includes supporting common-sense regulations on the sale of guns because these laws save lives.”

The case at hand involves Steven Perez, who in 2020 illegally obtained weapons from an unlicensed firearms dealer in South Carolina, which were transported to him in New York City. Perez was subsequently arrested, prosecuted and sentenced to prison in New York. He is now appealing his conviction, arguing that it violates his Second Amendment rights.

Amicus briefs provide courts with additional perspectives and expertise on the legal issues at hand, potentially influencing the court’s interpretation of the law and the outcome of the case. They can underscore the broader implications of a ruling, particularly in cases with significant public or policy interests.

In their brief, Attorney General James and her counterparts assert that federal regulations on interstate gun transport are crucial for public safety and do not infringe upon Second Amendment rights. They further argue that state regulations on firearms dealers, such as those requiring the maintenance of detailed records of inventory and sales, play a critical role in preventing the misuse of guns and aiding law enforcement in investigating gun-related crimes.

Attorney General James is joined in this effort by the attorneys general of California, Colorado, Connecticut, Delaware, Hawai‘i, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, North Carolina, Oregon, Pennsylvania, Rhode Island, Vermont, Washington, Wisconsin, and the District of Columbia.