Montana Attorney General Tim Fox announced today that Montana joined with 19 other states recently in urging the U.S. Supreme Court to review the constitutionality of a New York statute that limits an individual’s Second Amendment right to bear arms.
The lawsuit, Kachalsky v. Cacace, challenges New York’s law making it very difficult for ordinary citizens to obtain a permit to carry a firearm outside their home. The Second Circuit Court of Appeals upheld the law, ruling that the Second Amendment’s core protections do not extend outside of the home. Attorney General Fox said, “The Second Circuit’s decision deprives law-abiding citizens of their constitutional right to carry firearms for self-defense. The fundamental right of all Americans to ‘keep and bear arms’ should not end at our front doors.”
The Supreme Court of the United States struck down a District of Columbia law in 2008 that banned the private ownership of handguns. In District of Columbia v. Heller, the Court held that the Second Amendment protects a law-abiding individual’s right to keep and bear arms for self-defense. Attorney General Fox said the Second Circuit’s decision in the Kachalsky case fails to fully recognize the Supreme Court’s instruction in the Heller case.
“The Kachalsky decision affects Montanans because the Second Circuit’s interpretation of the scope of the Second Amendment was not correct,” added Attorney General Fox. “The safe and legal use of firearms is part of Montana’s culture and tradition. We urge the Supreme Court to grant this petition and recognize the right of all Americans, including Montanans, to lawfully protect themselves from unlawful violence outside their homes.”