Posted on 04/21/2014 7:31:16 PM PDT by smokingfrog
The United States Supreme Court is still evaluating a case that would define rights related to concealed gun permits in New Jersey and potentially across the country.
The case of Drake v. Jerejian was expected to be heard in private conference by the nine Justices last Friday. Orders were issued today and the Drake case wasn’t among those cases denied or accepted by the Court.
A petition was filed with the Court in January. The petitioners, led by attorney Alan Gura, want answers to two questions: whether the Second Amendment secures a right to carry handguns outside of the home for self-defense and if New Jersey officials violated that right by requiring people to prove a “justifiable need” for carrying a handgun for self-defense outside their homes.
Gura has argued that four federal district courts, along with several state supreme courts, have ruled that the Second Amendment extends the right to carry handguns to outside of the home for self-defense, while several other federal courts have disagreed.
(Excerpt) Read more at bearingarms.com ...
Well this should be fun....
Every Second Amendment case going To SCOTUS is a crapshoot. We are on a proverbial roll of sevens. But, a bad result is likely to come sometime.
Are we entering a period where the Supreme Court decisions are no longer valid? We have so many that seem to be arguing against a common sense understanding of the Constitution (ie English interpretation as is). Have our Supreme Justices become too political and no longer abide by the actual Constitution? Time will tell and that time is becoming short.
If this continues, the public will not only rebel but probably start another revolution against Government. Going along to get along will only go so far...
We all know by now that crime only happens inside your home. Right?
Under New Jersey’s statutory scheme of gun
control, a citizen’s right to possess a firearm is treated
as if it were a privilege to be granted or withheld by
the State at its discretion, not as a right secured by the
United States Constitution. As the district court below
explained, “[t]he possession of firearms [in New
Jersey] is a criminal offense unless a specific
statutory exemption applies.” Piszczatoski v. Filko,
840 F. Supp. 2d 813, 816 (D.N.J. 2012) (emphasis
added). Under state law, possession of a firearm —
even a handgun possessed for the purpose of selfdefense
in one’s home or place of business — is a
matter of legislative grace, not of constitutional right.
See New Jersey Code of Criminal Justice, § 2C:39-6.e.
As the Supreme Court of New Jersey proclaimed in
1990, “the subject of gun control is a comprehensive
one that is almost invariably resolved on the basis of
legislative intention.” In Re Preis, 118 N.J. 564, 574,
573 A.2d 148, 153 (1990).
yup. and a lot of us, and a lot of them will go down fighting. both sides want a purge of the other.
Yes, but hopefully it will not come to that! We have the Constitution still and only the Supreme Court can cause problems if they decide to argue against the common sense language of the Constitution....
We shall see...
I don’t see how you can argue that the right to self defense is limited to where you are.
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