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AG Schmidt urges Supreme Court to review New York gun law to protect Second Amendment

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FILE((Source: KAIT-TV))
Published: Jul. 20, 2021 at 4:17 PM CDT
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TOPEKA, Kan. (WIBW) - AG Schmidt has urged the U.S. Supreme Court to review a New York gun law that could pose a threat to the Second Amendment he says.

Attorney General Derek Schmidt says he told the U.S. Supreme Court that the Second Amendment’s protection for residents to keep and bear arms applies outside a person’s home.

According to AG Schmidt, he joined 25 other state attorneys general to file an amicus brief with the U.S. Supreme Court to urge justices to reverse a ruling from the U.S. Court of Appeals for the 2nd Circuit that upheld a New York law that requires law-abiding residents to provide documentation of “proper cause” as to why they should be allowed to carry a weapon for protection or other legal use.

The attorneys general said the law is in direct conflict with the Supreme Court’s 2008 ruling that the Second Amendment includes the right of law-abiding residents to keep and bear weapons in self-defense, including legally carrying a weapon outside the home and across state lines. They said laws similar to New York’s have been invalidated in several cases in recent years, including Hawaii law struck down by the 9th Circuit in 2018.

Schmidt said the Court’s ruling on the matter would provide clarity that the Second Amendment rights of Kansans and all residents to carry a weapon outside the home is constitutionally protected.

According to Schmidt, the New York system for issuing permits runs contrary to Kansas and 41 other states that maintain a “shall issue” licensing regime based on objective criteria for granting a permit, which could include a background check, firearms handling training and laws regarding the use of force. He said the attorneys general argue that the New York system creates a fundamental burden on residents without advancing the goals of public safety and crime prevention, which leaves firearms in the hands of a select, chosen few who can show the government a “special need.”

To read the brief sent by Schmidt and the other attorneys general, click HERE.

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