Georgia Attorney General challenges Supreme Court to protect the Second Amendment
Posted: 02.13.2013 at 2:14 AM

Attorney General Sam Olens has filed an amicus brief  requesting that the Supreme Court of the United States review Alan Kachalsky, et al. v. Susan Cacace, et al.

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Attorney General Sam Olens has filed an amicus brief  requesting that the Supreme Court of the United States review Alan Kachalsky, et al. v. Susan Cacace, et al.

This case challenges the New York law that infringes on the constitutional right to bear arms.

A New York citizen, the plaintiff, appealed the decision upholding the New York law that required citizens to show state officials proof that a handgun is needed for protection in order to bear arms in public.

“The Second Amendment explicitly gives law abiding citizens the right to not only keep arms, but also to bear arms,” said Attorney General Sam Olens. “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 gives the Court an opportunity 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.

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