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.