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As the chief legal officers of our States, we, the undersigned 23 state Attorneys General, write in support of the Constitutional Concealed Carry Reciprocity Act of 2017 (S. 446) and the Concealed Carry Reciprocity Act of 2017 (H.R. 38). We share a strong interest in the protection of our citizens’ Second Amendment right to keep and bear arms, and we are committed to supporting federal and state policies to preserve that constitutional right. These bills, if enacted, would eliminate significant obstacles to the exercise of the right to keep and bear arms for millions of Americans in every State.
The Second Amendment to the U.S. Constitution provides an individual right to own and carry a firearm for self-defense. The Amendment states that “[a] well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.” U.S. Const. amend. II. As the Supreme Court recognized in District of Columbia v. Heller, 554 U.S. 570, 592 (2008), the Second Amendment “guarantee[s] the individual right to possess and carry weapons in case of confrontation.” Indeed, “individual self-defense is ‘the central component’ of the Second Amendment right.” McDonald v. City of Chicago, 561 U.S. 742, 767 (2010) (quoting Heller, 554 U.S. at 599).
The core interest protected by this right is self-defense by law-abiding citizens. This right therefore extends to weapons “in common use” and “typically possessed by law-abiding citizens for lawful purposes.” Heller, 554 U.S. at 624–25, 627 (quoting United States v. Miller, 307 U.S. 174, 179 (1939)).
The Second Amendment historically has guaranteed the right to carry firearms outside the home for self-defense. In Heller, the Supreme Court relied on the preeminent authority on English law for the founding generation, William Blackstone, who explained that the right to self-defense, codified by the framers in the Second Amendment, was an “individual right protecting against both public and private violence.” Heller, 554 U.S. at 594 (citations omitted). As Justices Thomas and Gorsuch have written, “‘[s]elf-defense has to take place wherever the person happens to be,’ and in some circumstances a person may be more vulnerable in a public place than in his own house.” Peruta v. California, 137 S. Ct. 1995, 1998–99 (2017) (Thomas, J., and Gorsuch, J., dissenting from the denial of certiorari) (quoting Eugene Volokh, Implementing the Right to Keep and Bear Arms for Self– Defense: An Analytical Framework and a Research Agenda, 56 UCLA L. REV. 1443, 1515 (2009)).
To be sure, the right to carry firearms for self-defense is not unlimited, and the Supreme Court has stated that its decisions do not cast doubt on the “longstanding prohibitions on the possession of firearms by felons and the mentally ill, or laws forbidding the carrying of firearms in sensitive places such as schools and government buildings, or laws imposing conditions and qualifications on the commercial sale of arms.” Heller, 554 U.S. at 626–27. But these exceptions all assume that the right to carry a weapon in self-defense applies in public places generally.
The Second Amendment, moreover, applies to both the Federal Government and the States. The Second Amendment is a right “fundamental to our scheme of ordered liberty,” and so it applies not just to the Federal Government but also to the States under the Due Process Clause of the Fourteenth Amendment. McDonald, 561 U.S. at 767; see also Caetano v. Massachusetts, 136 S. Ct. 1027, 1027 (2016) (per curiam).
Nevertheless, some activist courts have held that the Second Amendment has no application at all outside the home, and thus have upheld state laws banning any firearm ownership outside the home. See, e.g., Peruta v. California, 137 S. Ct. 1995, 1997, 1999 (2017) (Thomas, J. and Gorsuch, J., dissenting from the denial of certiorari) (collecting cases); e.g., Williams v. State, 10 A.3d 1167, 1177 (Md. 2011); Mack v. United States, 6 A.3d 1224, 1236 (D.C. 2010). Further, ten states refuse to recognize any out-of-state concealed carry permits, and many more refuse to recognize out-of-state concealed carry permits unless certain conditions are met.
The citizen interest in self-defense, supported and protected by the Second Amendment, is called into serious question by such blanket refusals to permit carrying firearms in self-defense outside the home or to allow non-resident visitors to carry concealed weapons. Because some States refuse to give the Second Amendment its full import, Congress should enact concealed-carry reciprocity legislation, to help implement and enforce the constitutional right to self-defense for millions of law-abiding Americans across the country.