Monday, May 5, 2014

Cert Denied In Drake v. Jerejian

The Supreme Court denied certiorari to the New Jersey case challenging that state's justifiable need requirement to obtain a carry permit. The list of orders gives no explanation for the denial.

Lyle Denniston of the SCOTUS Blog had this to say in his live blog of the announcement:
The denial of Drake was without explanation or noted dissents. That does not mean that no one voted for cert; probably that those who wanted to grant, if there were any, were unsure about prevailing on the merits. The list of denial of 2d Amendment outside-the-home cases is lengthening. It is unclear what kind of case on that subject will attract the Court's attention.
While we have a split in the circuits, it doesn't mean that they have to take a case. Countertop has a very good overview of what may have transpired regarding this case in the comments over at Shall Not Be Questioned. 

All I can say is damn. After they punted on Kachalsky and Woollard (especially Woollard!), I thought this might be the one. The only way around this for people living in occupied territories is to convince their friend and neighbors that this must change legislatively.


  1. Damn is right... This IS going to take SCOTUS to decide... Personally I think the libs are hoping to load the court before they actually take one of these...

  2. Peruta may be a better case if the country's "prettiest AG" pushes the issue and convinces the 9th to opine. Peruta deals with "good cause" standards that differ between counties and not a broad state wide standard.

    -Dirk Diggler