Valdosta Daily Times

State News

February 12, 2013

Attorney General Olens Files Amicus Brief in Support of the Second Amendment

- — Attorney General Sam Olens and a bipartisan coalition of 19 Attorneys General have filed an amicus brief requesting that the Supreme Court of the United States review Alan Kachalsky, et al. v. Susan Cacace, et al., a case challenging a New York law that infringes on the constitutional right to bear arms. The plaintiff, a private New York citizen, has appealed the Second Circuit Court of Appeals decision upholding the New York law requiring its law-abiding citizens to offer specific proof to a State official that a handgun is needed to defend themselves in order to bear arms in public.

“The Second Amendment explicitly gives law abiding citizens the right to not only keep arms, but also to bear arms,” said Attorney General Sam Olens. “By requiring citizens to demonstrate a ‘special need for self protection’ in order to legally carry a firearm outside the home, the State of New York is depriving its citizens of a fundamental constitutional right. This case rises to the level of Supreme Court review as it involves a core individual liberty enumerated by our Founding Fathers in the Bill of Rights.”

The amicus brief argues that the case presents the Court with an opportunity to resolve two of the most commonly raised questions regarding the Second Amendment: (1) whether its protections apply with equal force outside the home, and (2) whether governments can require law-abiding citizens to provide evidence supporting a specific need in order to obtain a concealed carry permit.

 

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