South Dakota Attorney General Defends San Diegans' Gun Rights

South Dakota’s Attorney General Marty Jackley and Kentucky Governor Matt Bevin have added their names to an Amicus brief intent on reversing an infringement on the Second Amendment rights of California’s San Diegans.


 “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 Amicus brief was filed in the case of Edward Peruta vs. State of California with the U.S. Supreme Court after the Ninth Circuit Court of Appeals ruled there was no right to concealed carry of a firearm in that case.

In it’s decision, the Court stated that based upon their interpretation, the Second Amendment does not cover the right to carry a concealed firearm. The Amicus brief, supported by associations like the Western State Sheriff’s Association and the National Rifle Association, asserts citizens’ right to carry concealed falls under the Second Amendment as it falls within the realm of a person protecting her/himself when outside the perimeter of their home. The brief further argues San Diego is in violation of the Second Amendment due to the city’s extraneous requirements for gun ownership, a clear infringement on law-abiding citizens right to keep and bear arms.


In addition the 26 states in the brief, including Alabama, Florida, Nevada, Ohio and Wisconsin, say that, “when it comes to regulating gun rights, California thinks that the State can do things that would be unthinkable in other areas of constitutional law.”

Arguably obvious is the fact that our Second Amendment right to protect ourselves must go beyond ownership of arms to included concealed carry as well, since the need to protect oneself is never confined to the perimeters within one’s own home.

Is that so hard to prove in court?

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