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Tipsheet

Republican AGs Back Suit to Fight New York's 'Unconstitutional' Gun Law

AP Photo/Manuel Balce Ceneta, File

A group of 26 Republican Attorneys General came together to defend the Second Amendment in front of the Supreme Court. The individual states’ attorneys general joined a lawsuit to fight New York’s law for handgun permits that they argue is unconstitutional. 

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“Through their Attorneys General, the Amici States have a special responsibility to safeguard their citizens’ fundamental rights, including their right to bear arms in self-defense outside the home. The Second Circuit’s misinterpretation of the Second Amendment threatens the liberty of citizens in every State, not just New York. Moreover, the States have a unique perspective that should aid the Court in weighing the value and importance of the rights implicated by the questions presented. The Amici States are charged with advancing their substantial interests in public safety, preventing crime, and reducing the harmful effects of firearm violence while ensuring that their citizens can exercise their enumerated constitutional right to bear arms,” the brief reads. 

The GOP attorneys general took issue with the “proper cause” element of the law that requires residents to explain why they seek to exercise their second amendment right.

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“New York’s handgun permit regime, with its “proper cause” requirement, unconstitutionally prevents the vast majority of law-abiding citizens from exercising their fundamental, enumerated right to defend themselves when it is most necessary— before they become a victim. For this reason alone, the law is invalid per se. Due to the subjective nature of New York’s “proper cause” test and officials requiring citizens to document future danger (including past violence where the same regime prohibited their right to self-defense), the regime fails muster under any level of scrutiny,” a summary of their argument reads.

New York Governor Andrew Cuomo (D-NY) classified the suit as a “threat to security.”

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