Supreme Court May Decide if it Will Hear Gun Case as Early as Tomorrow

April 17 2014
by GSL Staff
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supreme court

Since the landmark Heller decision in the Supreme Court of the United States (SCOTUS), the court has been hesitant to take on any hard hitting Second Amendment cases.

Specifically, the court has turned down several cases which would have allowed it to rule on firearm carry outside of the home (that whole “bear” part of “keep and bear arms”).

The court will have yet another chance to hear a case that would address “may issue” carry permit states. Generally speaking, states are broken up into “may issue” and “shall issue” states as far as carry permits go. Shall issue states will issue permits to anyone who meets a clearly defined set of criteria set by the state. May issue states either require the applicant to show that they need a carry permit, or put a lot of control over who gets a permit into the hands of select individuals (such as local sheriffs or police chiefs).

The case the Supreme Court may decide to hear is Drake v. Jerejian, which addressed New Jersey’s carry law that states that a person must show “justifiable need” in order to get a carry permit. This results in virtually no one in NJ getting a permit to carry and amounts to an effective ban on concealed carry in the Garden State.

According to,

The lawsuit, brought by John Drake, challenges the “justifiable need” requirement the state asks for carrying a handgun. It has drawn the support of the National Rifle Association and 19 other states, who see the case as a possible watershed moment for reevaluating how the Second Amendment and state regulations interact.

The nation’s highest court now has scheduled a conference for Friday morning on whether to decide to hear the case in its entirety, according to its online schedule.

Drake, a Fredon man who owns and operates an ATM business and who occasionally carries significant amounts of cash, said today that the case could be the first step toward the “Holy Grail of the gun rights movement,” the right to carry.

“If the Supreme Court decides to take the case, it could clarify the right to carry issue for the entire nation, and New Jersey would become ground zero for the gun-rights movement as the scramble of the decade begins,” Drake said this morning.

We’ll see if the court remains hesitant to take on cases that would address firearms carry outside of the home.

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