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Twenty State AGs File Briefs Supporting SAF Appeal

Dan Zimmerman - comments No comments

 The Second Amendment Foundation got some much-needed support from twenty state attorneys general in their efforts to persuade the Supreme Court to hear an appeal of the Kachalsky v. Cacace decision. That’s the New York case — argued for the SAF by Alan Gura — recently decided by the Second Circuit in favor of the state. Which means Empire State gun owners will have to continue to show “proper cause” if they want to (legally) carry a gun outside the home for the foreseeable future. Here’s the SAF’s press release:

BELLEVUE, WA – Twenty state attorneys general have filed an amicus brief to the U.S. Supreme Court in support of the Second Amendment Foundation’s petition for a Writ of Certiorari in a case challenging New York’s gun permitting statute, along with several other interested parties that have filed their own briefs . . .

The case is known as Kachalsky v. Cacace and was argued before the Second Circuit Court of Appeals. SAF is represented by attorney Alan Gura, who won both the Heller and McDonald Second Amendment cases before the Supreme Court.

“We are delighted at the support being shown by attorneys general in Alaska, Alabama, Florida, Oklahoma, Nebraska, New Mexico and 13 other states, and particularly for the leadership of Virginia Attorney General Kenneth Cuccinelli in bringing them all together,” said SAF founder and Executive Vice President Alan Gottlieb. “This case is all about an individual’s right to carry a firearm outside the home for personal protection, and it is gratifying to see so much support.”

In addition to the brief filed by the attorneys general, supporting amicus briefs have also been filed by the Center for Constitutional Jurisprudence represented by former Attorney General Edwin Meese III, the National Rifle Association represented by former Solicitor General Paul D. Clement, plus the American Civil Rights Union, Academics for the Second Amendment, Cato Institute, the Second Amendment Preservation Association, New Jersey Second Amendment Society and Commonwealth Second Amendment, Inc.

“This is an important case,” Gottlieb said, “and that’s why so many parties are interested and supportive of our issue.”

SAF and the five individual plaintiffs are challenging whether the state can arbitrarily restrict the Second Amendment right to bear arms outside the home by requiring people to prove a special need to the satisfaction of a government official.

“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. “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.”

0 thoughts on “Twenty State AGs File Briefs Supporting SAF Appeal”

  1. One thing the execution of Dorner proved to me is that the government can trample our rights and due process and the people will sit back and do nothing. The LAPD did not want to apprehend him, they wanted to kill him. It was evident when the shot at two different trucks without giving orders or allowing the passengers to surrender. The you hear the police audio of the incident at Big Bear and it is obvious they lit that place up on fire on purpose. WHERE IS THE OUTRAGE? Dorner was an alleged murder. Where was his due process? Dorner was only one guy and created havoc. try 50,000 well armed are organized citizens and that is a complete different story. Remember 1776!

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  2. Didn’t the 7th Circuit case regarding permits in Illinois create one of those “circuit splits” that virtually guarantee that SCOTUS will deal with the issue eventually? I don’t think that SCOTUS was looking for any new 2nd Amendment cases, but a split changes the game.

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  3. She’s pro gun in the sense that she is opposed to an AWB…but…she is also for the following according to her website…

    -Stiff penalties for Straw Buyers

    -Universal Background Checks and registration of all firearms

    -Making sure that background checks work so people do not fall through the cracks in the National Data Base.

    -Ending the Gun Show loophole.

    HOWEVER…when life gives you a lemon, don’t just sit there and wish they were oranges.

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  4. I seen one of those bizarre attack ads against her late one night. It said in a scary voiceover “She even voted to allow criminals to carry conceled weapons across state lines” which must be some very creative interpretation.

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  5. Sounds like this is going to pass. Sadly the only thing I think the good people of Colorado can do is take their state back from the white liberal ExCalifornia carpetbagers come next election.

    Hopefully Magpul and any other gun related businesses flee the state and heads roll come election time over the lost jobs.

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  6. That’s right, if there is anyone who is going to be the bully, it will be the police and the politicians and nobody will do a better job than them — FOAD! Last I checked businesses can sell to who they want the way they want. Its a free market, you are free to purchase from someone else if you don’t like it. It bears repeating –FOAD

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