Thirty-four members of Congress including Mississippi Senator Thad Cochran have signed onto an amicus curiae brief in the Second Amendment Foundation’s case of Drake v. Jerejian, which asks the U.S. Supreme Court to determine whether the Second Amendment secures the right to carry handguns outside the home for self-defense.
The case, which is joined by the Association of New Jersey Rifle & Pistol Clubs, also asks the high court to clarify the standard of review governing Second Amendment claims involving restrictions on the right of law-abiding adults to carry handguns outside the home. This case challenges New Jersey’s arbitrary requirement that carry permit applicants demonstrate a “justifiable need” to carry a handgun outside the home.
In addition to Sen. Cochran, 33 members of the U.S. House of Representatives including Rep. Lamar Smith, chairman of the House Judiciary Committee, signed the brief.
“We’re gratified that so many elected officials on Capitol Hill took time to study this issue and add their names to our brief,” said SAF founder and Executive Vice President Alan Gottlieb. “The Supreme Court has already affirmed that the right to keep and bear arms applies to individual citizens, so it simply makes sense that this right extends beyond someone’s doorstep. A right limited to someone’s home unless a citizen can demonstrate some nebulous ‘justifiable need’ is not a right at all, but a heavily-regulated privilege.”
Representatives from several other states including Alaska, Arizona, California, Ohio, Texas, Louisiana, North and South Carolina, Missouri, Oklahoma, Illinois, Indiana, Michigan, Georgia, Nebraska, New Jersey, New Mexico, New York, Florida and Wyoming also signed.
“Many members of Congress are alarmed at the lower courts’ refusal to recognize citizens’ Second Amendment rights,” noted Sacramento, Calif., attorney Bradley Benbrook who wrote the brief. “Here the Third Circuit upheld a law banning citizens from carrying handguns unless they have already suffered attacks or had their life threatened, which means almost no one can qualify. We hope the Supreme Court responds to these members’ concerns.”
The Second Amendment Foundation (www.saf.org) is the nation’s oldest and largest tax-exempt education, research, publishing and legal action group focusing on the Constitutional right and heritage to privately own and possess firearms. Founded in 1974, The Foundation has grown to more than 650,000 members and supporters and conducts many programs designed to better inform the public about the consequences of gun control.
The full list of members who signed on to the brief: Senator Thad Cochran (MS-R), Representative Kerry Bentivolio (MI-11, R), Representative Paul Broun (GA-10, R), Representative Michael C. Burgess (TX-26, R), Representative John Campbell (CA-45, R), Representative Steve Chabot (OH-1, R), Representative Howard Coble (NC-6, R), Representative Tom Cole (OK-4, R), Representative Chris Collins (NY-27, R), Representative Doug Collins (GA-9, R), Representative Kevin Cramer (ND-AL, R), Representative Jeff Duncan (SC-3, R), Representative Blake Farenthold (TX-27, R), Representative John Fleming, M.D. (LA-4, R), Representative Trent Franks (AZ-8, R), Representative George Holding (NC-13, R), Representative Richard Hudson (NC-8, R), Representative Bill Johnson (OH-6, R), Representative Walter B. Jones (NC-3, R), Representative Adam Kinzinger (IL-16, R), Representative Doug LaMalfa (CA-1, R), Representative Leonard Lance (NJ-7, R), Representative James Lankford (OK-5, R), Representative Billy Long (MO-7, R), Representative Cynthia Lummis (WY-AL), Representative Steve Pearce (NM-2, R), Representative Todd Rokita (IN-4, R), Representative Adrian Smith (NE-3, R), Representative Lamar S. Smith (TX-21, R), Representative Marlin Stutzman (IN-3, R), Representative Lee Terry (NE-2, R), Representative Joe Wilson (SC-2, R), Representative Don Young (AK-AL, R), Representative Jeff Miller (FL-1, R).
