U.S. Supreme Court Asked To Consider New Jersey Right To Carry Case

Supreme Court
U.S. Supreme Court Asked To Consider SAF, ANJRPC Right To Carry Case
Second Amendment Foundation
Second Amendment Foundation

BELLEVUE, WA –-(Ammoland.com)- The Second Amendment Foundation and Association of New Jersey Rifle & Pistol Clubs today asked the U.S. Supreme Court to hear the appeal in the challenge to New Jersey’s unconstitutional carry laws. The case is Drake v. Jerejian .

Prepared by attorneys Alan Gura (who won Second Amendment victories in the groundbreaking Heller and McDonald cases) and David Jensen, today’s petition is the latest effort to bring a right-to-carry case before the high court and is the next step in the process of resolving the differing opinions of lower courts on the right to bear arms for personal protection outside the home.

“The right to self-defense is sacrosanct,” said SAF founder and Executive Vice President Alan Gottlieb, “yet has been disparaged and denied to all but an elite few in states like New Jersey. Individuals and families should not be deprived of the right to defend themselves and we intend to change that.”

“This case could resolve the right to carry issue not only for New Jersey, but for the entire nation,” added ANJRPC Executive Director Scott Bach. “So far the U.S. Supreme Court has declined to hear the issue in other cases, but this case may be different due to the extreme nature of New Jersey’s law, which effectively denies law-abiding citizens their fundamental right to self-defense outside the home.”

“The petition is an exceptional piece of legal work that is well worth taking the time to read,” Bach, an attorney, noted. “It extensively documents the differing of opinions of lower courts throughout the nation that need to be reconciled, and observes: The notion that carrying handguns outside the home is conduct falling outside the scope of the Second Amendment’s guarantee’ simply cannot be squared with Heller[H]istory, consensus, and simple common sense do not remotely support New Jersey’s law, a relatively modern and intensely controversial regulation that exists in only a small handful of states’.”

“It is time for the high court to clarify that the right to bear arms does not stop at someone’s front door,” Gottlieb observed. “What other constitutional right is confined to one’s house? The Second Amendment was never meant to be encumbered with such a limitation, and it cannot possibly be interpreted that way, but it will take a Supreme Court ruling to convince lower courts and anti-gunners, and put this debate to rest.”

The Second Amendment Foundation (www.saf.org) is the nation’s oldest and largest tax-exempt education, research, publishing and legal action group focusing on the Constitutional right and heritage to privately own and possess firearms. Founded in 1974, The Foundation has grown to more than 650,000 members and supporters and conducts many programs designed to better inform the public about the consequences of gun control. In addition to the landmark McDonald v. Chicago Supreme Court Case, SAF has previously funded successful firearms-related suits against the cities of Los Angeles; New Haven, CT; New Orleans; Chicago and San Francisco on behalf of American gun owners, a lawsuit against the cities suing gun makers and numerous amicus briefs holding the Second Amendment as an individual right.

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Juddy Jacob

It is unconstitutional that the state of NJ would mandate that you turn your back to an armed intruder and run for an exit in your own home. Meanwhile stripping your freedoms little by little on a consistant time table until there is little left. If i could move from Jersey today I would! When will their eyes open and see the statistics for what they are, and how they benifit the state as a whole. Instead they focus their laws to do nothing but disarm law abiding citizens, and paint a target on the unarmed and helpless. In the… Read more »

Jersey Devil

Just as bad or worse are the unclear regulations on firearms in NJ. As written you could be given a seven year prison term for stopping for coffee on your way to or from the firing rage if you have a hand gun in your Vehicle Cased and Locked in the trunk. Another area that needs revision with firearms experts being consulted is the Banned Weapons, and banned items. As it stands it is stupid. a long gun with a pistol grip is Illegal. Other stupid things too. Also, NJ needs “Castle Law”. As it is currently you have to… Read more »

Don LaRue

Too bad it’s a concealed licensed carry case and argued as such. Even though open carry could have been the primary argument. Apparently Alan Gura missed this from Heller v DC….
Robertson v Baldwin 165 U.S. 275 (1897) ” …..the right of the people to keep and bear arms (Art. II) is not infringed by laws prohibiting the carrying of concealed weapons;..”

They will lose this one too…IDIOTS. By the way Alan Gura, a right can not be licensed. You should check out the legal definition of “license”…and stare decisis.

John R

How can we submit this article to NJ papers? People need to know!

Tenring Rob

New Jersey is mostly Democrat controlled so even if he wanted to, he couldn’t do much as far as improving the gun laws there. The state is so anti-gun I moved out. They charge you $15.00 every time you purchase a firearm to cover the cost of the NICS background check. Nothing like paying a fee to exercise a Constitutional right.


These severe restrictions on 2nd Ammendment rights in NJ is why Gov Christie will never be the republican presidential nominee.