Georgia joins fight against NY gun law
4:30 pm, February 12th, 2013
Georgia has joined 18 other states in challenging a U.S. Second Circuit Court of Appeals decision upholding a New York gun law.
Georgia Attorney General Sam Olens and other attorneys general have filed an amicus brief requesting the U.S. Supreme Court review Kachalsky v. Cacace, 817 F. Supp. 2d 235, which involves a law they say infringes on the Second Amendment.
The law requires a person to show “proper cause” to the state in order to obtain a license to carry concealed handguns.
In 2011, U.S. District Court for the Southern District of New York ruled that the law did not violate the Second Amendment because the state had an interest in promoting safety and preventing crime. In November, the federal appellate court affirmed the district court’s decision.
Olens issued a written statement today in which he disagrees: “The Second Amendment explicitly gives law abiding citizens the right to not only keep arms, but also to bear arms.
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.”
Olens also said the amicus brief argues that the case will allow the nation’s high court 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.”
The coalition of states challenging the court decision is led by the attorney general of Virginia. Other states that have signed on to the amicus brief are Alabama, Alaska, Arizona, Arkansas, Florida, Idaho, Kansas, Michigan, Montana, Nebraska, New Mexico, North Dakota, Oklahoma, South Carolina, South Dakota, Texas, Utah and West Virginia.