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Olens files brief in gun-carry case

ATLANTA — Georgia Attorney General Sam Olens and 19 other attorneys general have filed an amicus brief asking the U.S. Supreme Court to review a New York case that they say infringes on the Second amendment right to bear arms.

The case is Alan Kachalsky, et al. v. Susan Cacace, et al., which challenges a New York law that requires a resident of the state to show specific proof that possession of a handgun is needed for protection in order to have a gun in public.

The plaintiff is appealing a decision by the Second Circuit U.S. Court of Appeals that upheld the New York law.

“The Second Amendment explicitly gives law abiding citizens the right to not only keep arms, but also to bear arms,” Olens said Tuesday. “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 high court with an opportunity to resolve two of the most commonly raised questions regarding the Second Amendment: whether its protections apply with equal force outside the home, and whether governments can require law-abiding citizens to provide evidence supporting a specific need in order to obtain a concealed carry permit.

Comments

waltspecht 1 year, 5 months ago

While I appreciate his concern, isn't this something he should do on his own time? Or is this totally a Political Ploy?

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NYVoter 1 year, 5 months ago

This Article is just a filler and ,they are not telling the whole story-" The case is Kachalsky v. Cacace, filed by SAF and five private citizens in the Empire State who are challenging New York’s arbitrary and capricious permitting system. They are represented by Alan Gura, the attorney who won both the Heller and McDonald cases before the Supreme Court in 2008 and 2010, respectively. The McDonald case was also filed by SAF.

Because New York, New Jersey, Maryland and other states currently enforce a “may issue” type of carry permit system, government bureaucrats can now simply deny someone a license or permit. In the Kachalsky challenge, the issue revolves around a requirement that permit applicants prove a “special need” to exercise a constitutional right.

“Our case is about equal protection and the arbitrary authority of government officials to essentially decide on a whim whether average citizens can have the means of self-defense outside the confines of their home,” Gottlieb said in a press release. “Most crimes happen away from the home, and it is in public places and on public streets where a citizen is most likely to encounter a life-threatening situation where he or she might have to defend themselves.”

Last year, SAF won a similar case against the State of Maryland – a case now on appeal – when a federal district judge ruled that Maryland’s law is unconstitutional.

Gun prohibitionists – the same people who are now trying to ban so-called “military style assault weapons” – have maintained that the Second Amendment applies only to guns kept in the home for personal protection. Judge Benson Everett Legg summed up that philosophy thusly: “A citizen may not be required to offer a ‘good and substantial reason’ why he should be permitted to exercise his rights. The right’s existence is all the reason he needs.”

Getting Supreme Court review of Kachalsky is the first step. Winning the case then becomes the challenge, and Gura has a proven track record.

.... read this --> http://www.examiner.com/article/heavy-hitters-support-saf-motion-to-supreme-court-on-carry-case?fb_action_ids=4964071550861%2C4959171148354%2C4959097146504%2C4957394663943&fb_action_types=og.likes&fb_source=other_multiline&action_object_map=%7B%224964071550861%22%3A426797104061565%2C%224959171148354%22%3A130055560500217%2C%224959097146504%22%3A445309375539972%2C%224957394663943%22%3A222186321239814%7D&action_type_map=%7B%224964071550861%22%3A%22og.likes%22%2C%224959171148354%22%3A%22og.likes%22%2C%224959097146504%22%3A%22og.likes%22%2C%224957394663943%22%3A%22og.likes%22%7D&action_ref_map=[]

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