Supreme Court Turns Down Drake v. Jerejian, RKBA Outside Your Home Still Undiecided

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AmmoLand Gun News
AmmoLand Gun News

Manasquan, NJ –-( The Supreme Courts has refused to grant certiorari on the case, Drake v. Jerejian.

The justices turned away challenge to a New Jersey law that sharply restricts the authority to carry a handgun in public.

The case would have marked the most significant gun control case at the high court since its District of Columbia v. Heller decision in 2008 upheld the right to keep handguns at home for self-defense.

The New Jersey challenge was backed by the National Rifle Association (NRA) and Second Amendment Foundation (SAF). “The Second Amendment guarantees the right to carry weapons for the purpose of self-defense — not just for self-defense within the home, but for self-defense, period,” the NRA argued in its brief to the high court.

The New Jersey law at issue Monday requires proof of a justifiable need to carry a gun, defined as “the urgent necessity for self-protection, as evidenced by specific threats or previous attacks which demonstrate a special danger to the applicant's life.”

Among the challengers was a Sussex County man, John Drake, who services and restocks ATM's — a job that requires him to carry large amounts of cash. His application for a permit to carry a gun was denied.

“In practice, few ordinary people can hope to obtain a New Jersey handgun carry permit,” said Drake's lawyer, Alan Gura of Virginia, in legal papers that urged the Supreme Court to take the case.

Around the time the legal challenge was launched, Gura said, about 1,200 permits had been issued in a state with an adult population of nearly seven million.

  • 2 thoughts on “Supreme Court Turns Down Drake v. Jerejian, RKBA Outside Your Home Still Undiecided

    1. Here is a link to my press release on Drake v. Jerejian.

      Sadly, it is very similar to past releases, posts and articles I have been writing for several years now.

      I am of the opinion that until a case comes before the US Supreme Court that takes the position that the Heller decision meant exactly what it said and not the opposite or something else, SCOTUS will continue to deny cert until there are no Federal Circuits left to hear from.

      So far we have had Federal Appellate Courts torpedo concealed carry in:

      1st Circuit Court of Appeals – Hightower v. Boston (en banc denied).
      2nd Circuit Court of Appeals – Kachalsky v Cacase (cert denied).
      3rd Circuit Court of Appeals – Drake v. Jerejian (cert denied).
      4th Circuit Court of Appeals – Woollard v. Gallagher (cert denied).
      5th Circuit Court of Appeals – NRA v. McCraw (cert denied).
      *7th Circuit Court of Appeals – Moore v. Madigan (en banc denied).
      10th Circuit Court of Appeals – Peterson v. Martinez (en banc denied).

      * In Moore v. Madigan the 7th Circuit affirmed Heller’s admonition that concealed carry could be banned.

      There are only 11 numbered Circuit Courts of Appeal.

      The SAF had a case appealed to the 8th Circuit Court of Appeals but before the case could be heard, the law was changed which made the appeal moot. However, that leaves the district court decision still standing.

      This leaves the 9th Circuit Perura/Richards/Baker decision and the stuck in district court case Palmer v. D.C. as the last two roads to SCOTUS that I am aware of.

      I am unaware of any SAF or NRA “carry” cases in the remaining appellate districts.–3keop-fox07k1&_v=2

    2. I think it’s clear that SCOTUS does not want to decide this issue. I don’t think they wanted to rule on the matter of the existence of a 2nd Amendment right either. In that case there were two appeals courts that had ruled in favor of a 2nd Amendment right before they took Heller. Technically, at this point only one appeals court (the 7th) has ruled that the right extends outside the home. The 9th did issue a similar ruling, but it is under appeal to the entire 9th circuit – so it is not yet final. As is so often the case, this may come down to California….

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