Current News Releases

AG Derek Schmidt: Second Amendment rights extend outside the home

Release Date: May 16, 2019

TOPEKA – (May 16, 2019) – The constitutional right to keep and bear arms extends outside a person’s home, Kansas Attorney General Derek Schmidt this week told the U.S. Supreme Court.

At issue in the case is a New York City law that prohibits an individual who has obtained a license to own a firearm in their home from transporting that firearm anywhere, even if locked and unloaded, except to one of the shooting ranges located within city limits. Under the ordinance, it is illegal for a New York resident to transport a firearm to a shooting range in a nearby state.

In the legal brief filed this week, Schmidt along with 21 other state attorneys general and the governors of Kentucky and Mississippi, asked the U.S. Supreme Court to reverse a ruling by the 2nd U.S. Circuit Court of Appeals upholding the city ordinance. The attorneys general argue the ordinance unconstitutionally restricts the right to use a firearm for self-defense and defense of family outside of the home, restricts the right to travel and discriminates against interstate commerce.  

“If New York’s regulatory scheme is allowed to stand and is copied by cities around the United States, it would undercut the ability of individuals to travel with their individual rights intact and also threaten state economies dependent upon tourism dollars,” the attorneys general wrote.

The case is New York State Rifle & Pistol Association Inc. v. City of New York, New York, No. 18-280. A copy of the states’ brief is available at http://bit.ly/2Qem0qR. The Supreme Court is expected to hear oral argument on the case in the fall.

Media & Resources

Menu

Search News Releases

NOTE: This will perform a Google search and display the results in a new tab/window.

News Release Archive

News releases issued prior to 2011 are available through an archive hosted by the Kansas State Library.