South Carolina Attorney General Alan Wilson has joined a coalition of 26 states in a case before the Supreme Court of the United States (SCOTUS) to protect Americans’ right to self-defense. The states filed an amicus brief in New York State Rifle and Pistol Association v. Corlett, arguing that New York’s laws on granting licenses to carry concealed weapons are unconstitutional.
The coalition argues New York’s subjective–issue concealed carry permit laws harm public safety and go against the original public meaning of the Second Amendment. The State of New York requires citizens to “demonstrate a special need for self-protection distinguishable from that of the general community or of persons engaged in the same profession” to obtain a concealed permit to carry a firearm outside the home. Practically speaking, it requires New Yorkers to prove that they have already been a victim of violent crimes before they may protect themselves from potentially becoming victims of violent crimes.
“New York’s laws go against the Constitution and common sense,” Attorney General Wilson said. “The Second Amendment is first in the heart of the average South Carolinian, but I think just about anyone would say New Yorkers should be allowed to defend themselves and their families. This case also has serious implications for every other state.”
The brief is filled with examples of citizens in good legal standing who were denied permits after demonstrating a need, proving New York’s “proper cause” requirement instead serves as a de-facto ban for virtually all ordinary citizens. The Attorneys General argue that if the Second Circuit Court of Appeals’ misinterpretation of the Second Amendment is upheld, the decision threatens the liberty of citizens in every state, not just New York.
The Attorneys General state that the original meaning of the Second Amendment allows citizens to bear arms for self-defense outside their homes. Citing the Heller v. D.C. SCOTUS decision, the coalition argues, “In Heller, following the text and history of the Second Amendment, this Court held that the federal constitution ‘guarantee[s] the individual right to possess and carry weapons in case of confrontation.’” Further, the Heller decision made it clear that any prohibition that “makes it impossible for citizens” to engage in self-defense violates the Second Amendment.
Forty-two states, including South Carolina, have objective-issue systems, where a permit is issued to an individual who meets a certain set of objective criteria, like a background check, mental health records check, fingerprinting, knowledge of applicable laws, firearms training, or other requirements.
The Attorneys General demonstrate with empirical evidence that citizens who are concealed carry holders are significantly less likely than the general public to commit a crime. The states also argue that objective-issue permitting and concealed carry permits decrease crime in general and allow citizens to defend themselves outside their homes. A 2013 review by the National Research Council reveals that victims of crime who resist with a gun are less likely to suffer serious injury than victims who either resist in other ways or offer no resistance at all.
This brief is led by Arizona Attorney General Mark Brnovich and Missouri Attorney General Eric Schmitt. Joining them are the attorneys general of Alabama, Alaska, Arkansas, Florida, Georgia, Idaho, Indiana, Kansas, Kentucky, Louisiana, Mississippi, Montana, Nebraska, New Hampshire, North Dakota, Ohio, Oklahoma, South Carolina, South Dakota, Tennessee, Texas, Utah, West Virginia and Wyoming.