Tuesday, November 27, 2012

Kachalsky Loses at the Second Circuit

The right to carry in 2011.

Predictably, the U.S. Court of Appeals for the Second Circuit has upheld the ruling of the lower court in the matter of Kachalsky v. Cacace. As usual, the court misapplied the McDonald decision, interpreting the Supreme Court’s ruling that the right to bear arms described by the Second Amendment is “most notably for self-defense within the home” to mean that the right exists only within the home. A certiorari petition is expected.

Meanwhile, appeals continue to move forward in other circuits. Oral arguments are scheduled on Dec. 6th for several other right-to-carry cases, including California’s Richards v. Prieto.

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