PIERRE, S.D. (KOTA TV) - Attorney General Marty Jackley has joined an amicus brief filed in the United States Supreme Court by 26 Attorneys General seeking to protect Second Amendment rights.
“The Second Amendment gives law-abiding citizens the fundamental right to bear arms for the defense of themselves, their families and their homes. As Attorney General, I have a strong interest in protecting and defending our law-abiding citizen’s right to keep and bear arms,” stated Jackley.
The brief was filed in the case of Edward Peruta v. State of California. The Ninth Circuit Court of Appeals held that there was no right to concealed carry of a firearm. The brief argues that requirements imposed to carry a gun in San Diego violate the Second Amendment.
Those requirements are being interpreted to prevent ordinary citizens
from qualifying for a permit. Simply fearing for one’s safety was not sufficient, necessitating the need for a previously documented threat.
The states contend that the requirements effectively ban the core right to bear arms for ordinary law-abiding citizens.
The brief also argues that the fundamental constitutional right to keep and bear arms extends beyond the home because self-defense exists outside the home.
The States assert that the Second Amendment right does as well. The Attorneys General argue that “Both the text and history of the Second Amendment demonstrate that the right to keep and bear arms does not stop at the front door of the home."