20 State Attys & Others File Briefs Supporting SAF Appeal of NY’s ‘Justifiable Need’ Rule

Second Amendment Foundation
Second Amendment Foundation

BELLEVUE, WA –-(Ammoland.com)- 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.”

The Second Amendment Foundation (www.saf.org) is the nation's oldest and largest tax-exempt education, research, publishing and legal action group focusing on the Constitutional right and heritage to privately own and possess firearms. Founded in 1974, The Foundation has grown to more than 650,000 members and supporters and conducts many programs designed to better inform the public about the consequences of gun control. In addition to the landmark McDonald v. Chicago Supreme Court Case, SAF has previously funded successful firearms-related suits against the cities of Los Angeles; New Haven, CT; New Orleans; Chicago and San Francisco on behalf of American gun owners, a lawsuit against the cities suing gun makers and numerous amicus briefs holding the Second Amendment as an individual right.

  • 9 thoughts on “20 State Attys & Others File Briefs Supporting SAF Appeal of NY’s ‘Justifiable Need’ Rule

    1. It’s time for gun-owners to become “single-issue” voters. We must discipline ourselves to supporting and voting for only those politicians who unequivocally and unambiguously support the 2nd Amendment rights of citizens and stand forth-rightly against any attempt to further erode our 2nd Amendment rights.

    2. Tracker, it would seem the most compelling argument would be the 14th Amendment argument according to which “No state shall abridge the privileges or immunities of citizens of the United States; nor shall any Stae deprive any person of life, liberty, or property, without due process of law;nor deny to any person within its jurisdiction the equal protection of the laws.”

      The NY law clearly abridges the rights of all citizens to keep and bear arms. The amendment was created to affirm and protect former slaves and their rights, but the left has made a cottage industry of applying the protections of the 14th very broadly to any number of issues. I would think that 2nd Amendment rights, which our Founding Fathers considered among the most important rights would transcend what the State wishes to do.

      Again and again, courts have interpreted the 14th very broadly to imply the sovereignty of any constitutional right over any state law.

    3. HBH, the 10th amendment does NOT override any of the other amendments or anything else in the Constitution. It simply says that anything not delineated in the Constitution as being specifically in the power of the feds to enact will be left to the States to decide. A state cannot go against any of the amendments and claim the tenth. That would be like saying that the State of NY could revoke your first amendment rights because they don’t like you blaspheming Bloomberg. LOL

      NY’ers are obviously nothing but a bunch of idiot sheeple. Idiots who wouldn’t know a slippery slope if they fell down it personally. They clamored to have the size of a soda water restricted. It’s like if I want to drink a freaking 5 gallon bucket of coca-cola, what business is it of the government’s?

      What’s next? Are they going to make pre-school mandatory? Will they come and forcibly take your three year old to school? That’s what they want you know? They want your children and they want them as early as possible. Back in the 50s that was the propaganda against the Soviets, that they were terrible that they put their children in daycare. Now what are we doing? Pushing daycare so that both parents can work for less than what a single income earner made in the 50s. Wake up people! These politicians are dismantling this democracy right under our noses.

      “Give me a child before the age of five and I will teach him things you will NEVER break him of.” –Catholic proverb

    4. What this will come down to is the 10’th amendment to the constitution. It limits government control over states. But states like NJ,NY,CA and all the others who dont give a damn about the constitution know this is coming and are trying to strick the first blow. HBH

    5. This is what we need to happen in New Jersey, where concealed carry is only for LEO, Judges, and Armored Car drivers. Yet here I am, not even 5 feet tall, nerve damage in both legs, and I can’t get a CCW in my State. To add insult to injury, now NJ wants me to keep my guns unloaded and locked away while in my home. This is insanity!

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