Thursday July 25, 2024
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Gov. Matt Bevin has joined with 25 other states in filing an amicus brief in Peruta v. San Diego County, an important Second Amendment case challenging the constitutionality of a California law restricting citizens’ rights to carry handguns outside their homes for self-defense.

MattBevin“As states and individuals, we must stand united against arbitrary government overreach and this unconstitutional attack on the Second Amendment,” said Gov. Bevin. “In America, our freedom and liberty have been purchased at a great price. We must do everything in our power to preserve them for the generations yet to come.”

The case questions the legality of California’s restrictive concealed carry permit policy, which requires citizens to satisfy a number of conditions before obtaining a concealed carry license. Under the law, an applicant must show “good cause” to obtain a permit, and each county sheriff gets to create their own subjective definition of “good cause.”

Also included in the amicus brief are Alabama, Alaska, Arizona, Arkansas, Florida, Georgia, Idaho, Indiana, Kansas, Louisiana, Michigan, Missouri, Montana, Nebraska, Nevada, North Dakota, Ohio, Oklahoma, South Carolina, South Dakota, Texas, Utah, West Virginia, Wisconsin and Wyoming.

“When it comes to regulating gun rights, California thinks that the State can do things that would be unthinkable in other areas of constitutional law,” the brief noted, challenging the Court to envision the public outcry if other constitutionally protected rights were subjected to the same capricious judgement of a public official.

“Imagine if California did any of the following: no speech unless a sheriff finds ‘good cause’ for it; no public assembly unless a sheriff finds ‘good cause’ for it; no religious exercise unless a sheriff finds ‘good cause’ for it,” the 26 states assert.

In support of Kentucky agriculture, Attorney General Andy Beshear  joined with other egg-producing states to ask the country’s highest court to review a lower court’s decision that upheld California’s “Shell Egg Laws.”

In 2015, the six states asked the Ninth Circuit of the United States Court of Appeals to block enforcement of the California laws and regulations prescribing standards for the conditions under which chickens must be kept in order for producers to sell eggs in the state. California is the country’s largest egg market.

The appeals court ruled against the six states in favor of a lower court ruling. The group of states are now asking the United States Supreme Court to take up the issue. The states are Alabama, Iowa, Kentucky, Missouri, Nebraska and Oklahoma.

“Kentucky is a thriving egg-producing state, and this law places our agriculture industry and farming families at a disadvantage by increasing farming cost and driving up the cost of food for Kentuckians,” Beshear said. “The Supreme Court must review this issue in order to level the playing field for our producers against out-of-state regulations.”

KYFair15_4362The group of five attorneys general and the Governor of Iowa representing egg-producing states argue that the laws hurt agriculture in their states and are in violation of the Commerce Clause, which regulates trade among states and foreign nations.

The group asserts that its egg farmers must choose to either bring their entire operations into compliance or not sell in the California marketplace. The states argue that the necessary capital improvements to meet the standards would cost farmers hundreds of millions of dollars.

Kentucky farmers produced 1.3 billion eggs in 2015, according to the USDA.