Two California congressmen are among 34 GOP lawmakers who have signed onto a legal brief urging the U.S. Supreme Court to decide whether the Second Amendment secures the right to carry handguns outside the home for self-defense.
The brief signed by Reps. Doug LaMalfa, R-Oroville, and John Campbell, R-Irvine, urges the high court to review the Drake, et. al. v. Jerejian, et. al. case that was decided last July by the 3rd U.S. Circuit Court of Appeals. Four New Jersey residents and two organizations had challenged a state law requiring that people show a “justifiable need” for a permit to carry a handgun outside the home; they lost both in the district and appellate courts.
“We conclude that the District Court correctly determined that the requirement that applicants demonstrate a ‘justifiable need’ to publicly carry a handgun for self-defense qualifies as a ‘presumptively lawful,’ ‘longstanding’ regulation and therefore does not burden conduct within the scope of the Second Amendment’s guarantee,” the appeals court concluded.
Second Amendment Foundation founder and executive vice president Alan Gottlieb said he’s glad so many members of Congress signed onto the brief urging the high court to take the case.
“The Supreme Court has already affirmed that the right to keep and bear arms applies to individual citizens, so it simply makes sense that this right extends beyond someone’s doorstep,” Gottlieb said. “A right limited to someone’s home unless a citizen can demonstrate some nebulous ‘justifiable need’ is not a right at all, but a heavily-regulated privilege.”
UPDATE @ 12:43 P.M.: The 9th U.S. Circuit Court of Appeals has just ruled today in a similar case, finding San Diego’s – and by extension, many other California counties’ – requirements for proving “good cause” for a concealed carry permit are unconstitutionally restrictive. Read my full story here.