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Attorney General Marty Jackley

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South Dakota Joins as Amicus to Support Second Amendment Rights

FOR IMMEDIATE RELEASE :   Friday, August 03, 2012    
CONTACT:    Sara Rabern,  (605) 773-3215

South Dakota Joins as Amicus to Support Second Amendment Rights

PIERRE – Attorney General Marty Jackley announces that South Dakota has joined as Multi-State Amicus Curiae or “friend of the Court” in the Fourth Circuit Court of Appeals in support of Second Amendment Rights.  The amicus brief supports the Federal District Court decision striking down the Maryland requirement that a law abiding citizen must affirmatively demonstrate a reason for carrying a firearm.  It is the amicus position that a law abiding citizen, that otherwise satisfies reasonable state permit requirements, should not be required to affirmatively demonstrate further justification.

“Placing the affirmative responsibility of a law abiding citizen to prove a reason to carry a firearm infringes on the basic individual right to bear arms under the Second Amendment.”  said Jackley

In South Dakota the requirements for the issuance of a temporary permit to carry a concealed pistol include having never been convicted of a felony or crime of violence, not being habitually in an intoxicated or drugged condition, no history of violence and not having been found to be a danger to others or to oneself.  There is no further affirmative responsibility to prove a reason to carry.

There is no cost to join as amicus curiae other than the inclusion of some attorney consultation time in support of the multi-state briefing.