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NEWS RELEASE
Steven T. Marshall 
Alabama Attorney General www.ago.alabama.gov

AG State Building

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Mike Lewis (334) 353-2199
Joy Patterson (334) 242-7491

FOR IMMEDIATE RELEASE

 February 16, 2017

ATTORNEY GENERAL STEVEN T. MARSHALL FILES 26-STATE AMICUS BRIEF WITH U.S. SUPREME COURT IN SUPPORT OF SECOND AMENDMENT RIGHTS

(MONTGOMERY) – Alabama Attorney General Steven T. Marshall filed an amicus brief in the U.S. Supreme Court on behalf of the State of Alabama and 25 other States challenging the constitutionality of a San Diego County gun restriction barring the right of citizens to carry handguns outside their homes for self-defense.

“The Second Amendment establishes the right of Americans to bear arms,” said Attorney General Steven T. Marshall.  “The Constitution does not limit that right to the interior of one’s own home, yet that is effectively what the sheriff of San Diego County has dictated to local residents.  As a result, most of the citizens of San Diego County today cannot open carry or concealed carry outside their property, even for self-defense.

“This unconstitutional limitation on the Second Amendment must be challenged, and I am proud to lead a 26-State court filing to the U.S. Supreme Court opposing this unlawful gun ban.”

In the brief filed in the case of Edward Peruta v State of California, Alabama and 25 other States argued that the U.S. Supreme Court should grant certiorari on the question of whether the fundamental right to bear arms for self-defense extends beyond the home.

The brief asserts, “The San Diego County sheriff’s licensing scheme effectively bans the core right to bear arms for ordinary, law-abiding citizens and, consequently violates the Second Amendment.  The experience of amici States demonstrates that the restrictions on bearing arms in San Diego County cannot withstand any level of scrutiny.  Although the amici States share the same compelling interests in protecting the health and safety of their citizens, they have been able to do so without curtailing the fundamental right of their citizens to bear arms.”

Alabama was joined in the amicus brief by Alaska, Arizona, Arkansas, Florida, Georgia, Idaho, Indiana, Kansas, Kentucky, Louisiana, Michigan, Missouri, Montana, Nebraska, Nevada, North Dakota, Ohio, Oklahoma, South Carolina, South Dakota, Texas, Utah, West Virginia, Wisconsin and Wyoming.

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A copy of the 29-page filing is attached to press release PDF

 

 

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