Drake v. Jerejian

2 posts

Cert Denied for Drake

The Supreme Court has refused to hear arguments in Drake v. Jerejian. For the third term in a row, they’ve dodged the issue of bearing arms outside the home while the lower courts continue to defy and eviscerate the Heller and McDonald decisions. Furthermore, we have a fairly clear split since the 9th Circuit’s ruling in Peruta.

As it stands, the right to self-defense is unique among civil rights. In many locations, one must demonstrate “good cause” or “justifiable need” to exercise it. Apply that logic to freedom of the press or peaceable assembly, and we would have universal outrage. The right to keep and bear arms should be no different.

The Court has been given motivation and reason to address the issue. The only reason I can imagine for blatantly avoiding resolution is fear of controversy. If that’s the case, anyone concerned with civil rights, regardless of their feelings on guns, should be very concerned.

Chess vs. Checkers

The big news today is that the Supreme Court declined to hear three cases involving gun rights. The first was NRA v. ATF, a challenge to 18 U.S.C. § 922(b)(1), which prohibits licensed dealers from selling handguns to individuals under 21 years of age. The second was Lane v. Holder, which challenged the requirement that handguns be purchased in one’s home state.

The third was NRA v. McCraw. At issue was Texas law, which denies a license to carry a pistol to anyone under the age of 21. To answer the central question of the case, the Court would have to rule whether the right to keep and bear arms applies outside the home.

So, does their refusal to grant cert mean the issue is dead? No. These were good cases, but none of them was the right case.

The Second Amendment Foundation and several others have been bringing another set of cases on the matter in the lower courts for three years now.

Continued...