Alaska signs on to push US Supreme Court against NYC handgun transportation ban
Alaska joined 23 other states in signing on to an amicus brief that urges the United States Supreme Court to declare unconstitutional a New York City ban on the transportation of handguns.
The amicus brief was filed by Louisiana on May 14. It takes issue with a New York City ordinance that bans the transportation of licensed, locked and unloaded handguns to a home or shooting range outside of city limits.
"Though this is a local ordinance that could be seen as not impacting Alaskans, that is short-sighted,” said Attorney General Kevin Clarkson in a press release Tuesday. “The more we allow these types of bans around the nation, the more it restricts the rights of every American. The Governor and I both feel strongly that we need to defend Alaskans' right to bear arms from these types of unconstitutional bans—we don't want this type of ban to cascade like falling dominoes and infringe on Alaskans' rights.”
The brief asks the Supreme Court to strike down the ordinance on Second Amendment grounds, but also says it violates the Commerce Clause and the right to travel under the the Constitution.
"You cannot pick and choose which portions of the constitution to uphold," said Gov. Mike Dunleavy in the release. "The Second Amendment is an integral and explicit part of the U.S. Constitution, and New York City's gun ban clearly violates Americans' constitutional rights."
The brief calls the ordinance a "triple threat to constitutional rights." It says, "when municipalities like New York City are allowed to criminalize traveling with a personal handgun safely stored inside a vehicle, they threaten the rights of all citizens to travel throughout the United States without being subject to arrest and prosecution."
The ordinance was upheld by the Second Circuit Court of Appeals, but plaintiffs in the case petitioned the Supreme Court to reverse that decision. According to the release, the case will be decided in next year's term.
The other 22 states backing the brief, along with Alaska and Louisiana, include: Alabama, Arizona, Arkansas, Florida, Georgia, Idaho, Indiana, Kansas, Kentucky, Mississippi, Missouri, Montana, Nebraska, North Dakota, Ohio, Oklahoma, South Carolina, South Dakota, Tennessee, Texas, Utah and West Virginia.
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