Alabama Attorney General denounces CA ruling on 2nd Amendment - WAFF-TV: News, Weather and Sports for Huntsville, AL

Alabama Attorney General denounces CA ruling on 2nd Amendment

Alabama Attorney General Luther Strange denounced a federal appeals court ruling that denies residents of San Diego County, California the right of possession of a handgun for self-defense outside their home. (Source: WAFF file) Alabama Attorney General Luther Strange denounced a federal appeals court ruling that denies residents of San Diego County, California the right of possession of a handgun for self-defense outside their home. (Source: WAFF file)
ALABAMA (WAFF) -

Alabama Attorney General Luther Strange denounced a federal appeals court ruling that denies residents of San Diego County, California the right of possession of a handgun for self-defense outside their home.

“The U.S. Ninth Circuit Court of Appeals held today that residents have no Second Amendment right to carry a firearm outside their home for self-defense,” said Strange. “In effect, the appeals court ruled that San Diego County can outlaw guns outside the home by declining to issue anyone a permit.  This court’s decision is a direct challenge to the Second Amendment and is unconstitutional.”

The U.s. Ninth Circuit Court stated, "We hold that the Second Amendment does not preserve or protect a right of a member of the general public to carry concealed firearms in public.”

In August 2015, Strange filed an amicus brief on behalf of Alabama and 20 other states challenging San Diego County's effective prohibition on open and concealed carry of firearms.

The amicus brief stated the following:

San Diego County sheriff’s prohibition on the possession of a handgun outside the home, with limited exceptions, makes it impossible for citizens to use them for the core lawful purpose of self-defense and is hence unconstitutional.

The sheriff’s department admits that, under this system, the typical person cannot qualify for a concealed carry permit for personal protection.  In fact, an applicant must specifically demonstrate ‘a set of circumstances that distinguish the applicant from the mainstream and causes him or her to be placed in harm’s way.  Simply fearing for one’s personal safety alone is not considered good cause.

The brief goes on to say that under San Diego County's gun restrictions, "bearing arms in self-defense is not a right, but a privilege granted by the government to those it deems most in danger from a specific, previously documented threat.”

Alaska, Arkansas, Florida, Idaho, Kansas, Louisiana, Michigan, Missouri, Montana, Nevada, North Dakota, Ohio, Oklahoma, South Carolina, South Dakota, Texas, Utah, West Virginia, and Wisconsin all joined Alabama in the amicus brief.

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