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Attorney General Jackley Joins Challenge to Protect Second Amendment Rights

FOR IMMEDIATE RELEASE: Monday, August 28, 2017      
CONTACT:  Sara Rabern (605) 773-3215   

PIERRE, S.D. – Attorney General Marty Jackley has joined an amicus brief filed in the United States Supreme Court by 24 Attorneys General seeking to protect Second Amendment rights.

“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. The Federal Court’s adoption of a novel standard significantly reduces the types of common firearms protected by the Second Amendment,” stated Jackley.

The brief was filed in the case of Stephen V. Kolbe v. Lawrence J. Hogen, Governor of the State of Maryland. The Fourth Circuit Court of Appeals adopted a novel standard that would significantly reduce the types of common firearms protected by the Second Amendment, in direct conflict with a central holding in District of Columbia v. Heller. In Heller, the Court plainly held that the right to keep and bear arms extends to firearms that are “in common use” for “lawful purposes.” The Fourth Circuit strayed from this directive and held that “weapons most useful in military service” are outside the ambit of the Second Amendment.

The states contend that on an extensive examination of the Second Amendment’s text, history, and preexisting precedent, the Court concluded that the Amendment protects an “individual right to possess and carry weapons in case of confrontation.” The states argue the lower court ruling inappropriately limited the scope of the Second Amendment by taking Heller’s ruling out of context.

The states contend the United States Supreme Court’s involvement is needed to reaffirm Heller and ensure that state efforts to protect the Second Amendment rights of their citizens will not be undone by federal actions.

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