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Supreme Court denies potential major guns rights case (no right to carry outside home)
Yahoo ^ | 5 May 2014 | Scott Bomboy

Posted on 05/06/2014 3:50:51 AM PDT by Erik Latranyi

The United States Supreme Court said on Monday morning it will not consider a case that would define rights related to concealed gun permits in New Jersey and potentially across the country.

.. View photo .750px-Supreme_Court_Front_DuskThe denial was first reported by SCOTUSblog, which received a printed version of the court orders before they were posted online. (At 9:50 am ET, the Court’s official orders were posted on its website.)

The case of Drake v. Jerejian was heard in private conference by the nine Justices recently. Orders were issued today and the Drake case was listed among those cases denied by the Court.

A petition was filed with the Court in January 2014. The petitioners, led by attorney Alan Gura, wanted answers to two questions: whether the Second Amendment secures a right to carry handguns outside of the home for self-defense and if New Jersey officials violated that right by requiring people to prove a “justifiable need” for carrying a handgun for self-defense outside their homes.

(Excerpt) Read more at news.yahoo.com ...


TOPICS: Constitution/Conservatism; Front Page News; Government; US: New Jersey
KEYWORDS: ccw; scotus; secondamendment
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To: Erik Latranyi

These judges are dead wrong.

“the right of the people to keep and bear Arms”

Maine Constitution 1820
`Keep and bear arms Section 16. To keep and bear arms. Every citizen has a
right to keep and bear arms and this right shall never be questioned.`

Massachusetts Constitution 1780
`Art. XVII. The people have a right to keep and to bear arms for the common defence.`

Connecticut Constitution
`Sec. 17. Every citizen has a right to bear arms in defence of himself and the state`

HISTORICAL and CONTEMPORARY WITH THOSE TIMES DEFINITIONS OF TO KEEP AND BEAR

“TO BEAR ARMS” IS A MILITARY TERM-

TO KEEP ARMS IS IMPLICIT IN “TO BEAR ARMS” In any debate, one should define the terms used in the debate: \
Thusly:
Definition of to “KEEP” to preserve and maintain.. TO GUARD; DEFEND
to “KEEP” `means NOT TO LET GO ONE`S POSSESSION OR CONTROL” “KEEPER”,n., “one who watches, GUARDS, maintains” Webster`s Dictionary, p.460

to “BEAR: 1. to support and move; CARRY. 2. to be equipped furnished ..as to BEAR A SWORD. 3. to be directed; to be pointed, as TO PLANT GUNS TO BEAR UPON AS TRENCH”
-webster`s dictionary 1887

Thus to bear arms means a military action outside the “keeping ‘ of arms, i.e., an action against oppression or tyranny or military or paramilitary attack from the outside of the home.

That is why both terms “keep” and “bear” are in the Second Amendment- the former denotes the control of weapons by individuals; the latter means to use those arms against any military or paramilitary attack from tyranny or attack by enemies of the country or invasion .

Our forefathers weren`t stupoiud so they included both terms.

These judges are dead wrong.


21 posted on 05/06/2014 6:04:20 AM PDT by bunkerhill7 ("The Second Amendment has no limits on firepower"-NY State Senator Kathleen A. Marchione.")
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To: DoodleDawg
-- I would say the 10th Amendment gives them the right to make that decision. Looks like the Supreme Court agrees. --

The Supreme Court said this, some time ago, although the federal courts conveniently overlooked this for decades, in order make it appear that disarming the public was legal and constitutional.

It is undoubtedly true that all citizens capable of bearing arms constitute the reserved military force or reserve militia of the United States as well as of the states, and, in view of this prerogative of the general government, as well as of its general powers, the states cannot, even laying the constitutional provision in question [2nd amendment] out of view, prohibit the people from keeping and bearing arms, so as to deprive the United States of their rightful resource for maintaining the public security, and disable the people from performing their duty to the general government. But, as already stated, we think it clear that the sections under consideration [State of Illinois parade permit laws] do not have this effect.
Presser v. Illinois, 116 U.S. 252 (1886)

That said, I doubt that any court would view a may issue legal regime as a prohibition, even if it was a prohibition for all practical purposes.

When it comes to the RKBA, the courts are intellectually corrupt. I view the decisions as illogical and self contradictory. The decisions do not merit respect, they merit contempt. That said, the decisions are what they are, and goons with guns will put you in jail for acting out any disagreement with the tyrants in robes.

22 posted on 05/06/2014 6:15:03 AM PDT by Cboldt
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To: Renegade
Coming Soon!!!!!! To The People’s Republic of New Jersey! Magazine maximums of 10 rounds down from 15! Will the “fat man “ sign it or veto it when it is passed by the Senate ?

He'll veto it, unless he wants to make sure he'll spend the rest of his life as President of a second tier small New Jersey liberal arts college. The Democrats know this, too. They're trolling for Bloomberg $$$ (and trying to diminish his chances for 2016 -- but I think they have that part exactly backwards).

23 posted on 05/06/2014 6:15:33 AM PDT by Sooth2222 ("Suppose you were an idiot. And suppose you were a member of congress. But I repeat myself." M.Twain)
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To: Cboldt
The Supreme Court said this, some time ago, although the federal courts conveniently overlooked this for decades, in order make it appear that disarming the public was legal and constitutional.

And nothing in the New Jersey law prevents a person from keeping a firearm in his or her home. The Heller decision upheld that. But Heller also admitted that some degree of control by the states on where firearms could be carried and by whom was constitutional.

24 posted on 05/06/2014 6:45:28 AM PDT by DoodleDawg
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To: Erik Latranyi

You have to show a need to carry a gun outside your home in New Jersey. IT’S NEW JERSEY, DAMM IT!


25 posted on 05/06/2014 7:00:32 AM PDT by VerySadAmerican
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To: DoodleDawg
-- But Heller also admitted that some degree of control by the states on where firearms could be carried and by whom was constitutional. --

I wouldn't say "admitted," as much as created a doctrine that allows bootstrapping of infringement as long as the courts drag their feet on issuing rulings.

The case I cited, Presser, says the same thing you just did. It upheld a law against conducting or participating in an armed parade without a parade permit. That is some degree of control on where firearms could be carried and by whom.

My contention is that a may issue legal regime (on paper) that is a no-issue regime as a matter of practice would probably be upheld by the courts, all the way through SCOTUS.

Heck, Washington DC's $500+ permitting process to possess a handgun in the home is seen as hunky dory by the robed tyrants.

26 posted on 05/06/2014 7:03:04 AM PDT by Cboldt
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To: House Atreides

New Jersey, like Pennsylvania and many other states, have “cancer”. The “cancer” is the large cities. Newark, Trenton, and Camden are malignant tumors killing the state of NJ. In Pennsylvania, Philadelphia and Pittsburgh are the tumors. Even in Washington State, a city like Seattle is all it takes to kill the entire state. Obama is the first ‘Big City Mayor” President of the United States. It doesn’t work. Big cities are RUINING the country.


27 posted on 05/06/2014 7:05:55 AM PDT by LeonardFMason (LanceyHoward would AGREE)
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To: PubliusMM

And these CSers move to Pennsylvania and turn us a deeper shade of blue.


28 posted on 05/06/2014 7:19:22 AM PDT by stevio (God, guns, guts.)
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To: Erik Latranyi
So, there you have it. You have no right to carry outside your home without begging for permission.

I'll NEVER get permission. NEVER get a permit, and NEVER obey any of these unconstitutional laws.

I will carry at will.

COME AND TAKE IT!

29 posted on 05/06/2014 7:19:38 AM PDT by unixfox (Abolish Slavery, Repeal the 16th Amendment)
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To: Erik Latranyi

That’s not what the court said. It means it will let the lower courts figure it out.

There was a great “right to bear” case out of the 9th circuit of all places.


30 posted on 05/06/2014 7:46:20 AM PDT by TheThirdRuffian (RINOS like Romney, McCain, Christie are sure losers. No more!)
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To: fortheDeclaration

Precisely. The closer individual rights decisions are made to the individual the better. If the USSC would “butt-out” more, our liberties may survive. The Founders established a unity of STATES each of which would have preeminent authority and be more readily accountable to individual citizens.


31 posted on 05/06/2014 7:49:02 AM PDT by caprock
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To: Erik Latranyi

George Zimmerman proved that self defense is just racism. The race of law abiding people may not defend against the race of takers.


32 posted on 05/06/2014 8:01:20 AM PDT by showme_the_Glory (ILLEGAL: prohibited by law. ALIEN: Owing political allegiance to another country or government)
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To: The_Republic_Of_Maine

That’s pretty good.


33 posted on 05/06/2014 8:08:36 AM PDT by OneWingedShark (Q: Why am I here? A: To do Justly, to love mercy, and to walk humbly with my God.)
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To: Erik Latranyi

no, the USSC just decided this was not the case to take on the issue. It is limited to just that district/state/local law.


34 posted on 05/06/2014 8:42:25 AM PDT by longtermmemmory (VOTE! http://www.senate.gov and http://www.house.gov)
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To: Erik Latranyi

It is like “freedom of religion” as defined by liberals, sure you can have your religion, but only in the closet so to speak...


35 posted on 05/06/2014 8:42:30 AM PDT by GraceG
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To: Erik Latranyi

The story above is incomplete and half-assed as one might expect. The question was about open carry of handguns. Concealed carry is CONCEALED and wasn’t part of the question. And Jersey is a shotgun hunting state. If you need heat just pack a twelve gage.


36 posted on 05/06/2014 10:29:14 AM PDT by cherokee1 (skip the names---just kick the buttz)
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To: OneWingedShark
"That’s pretty good."

Thanks, wanna be free? Come on up and help us go over the top on June 12, 2018.

37 posted on 05/06/2014 10:54:53 AM PDT by The_Republic_Of_Maine (Be kept informed on Maine's secession, sign up at freemaine@hushmail.com)
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To: All

Well, America is my home.

where I live is just a crummy apartment.


38 posted on 05/06/2014 12:33:08 PM PDT by warsaw44
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I don’t agree with those who are saying this is just pushed back to the States to decide. You can get trapped in a good or bad State. I prefer to see a uniform Constitutional interpretation = keep and bear.

You can get trapped in NJ for instance if all your family lives there or your long term job is there.

You can get trapped in AZ also, which has made some good 2A decisions, by not being able to travel to neighboring CA or CO while maintaining the same rights. And if you make a mistake by driving across that state line, tough luck.


39 posted on 05/06/2014 2:52:50 PM PDT by AlmaKing
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To: Erik Latranyi
The case of Drake v. Jerejian was heard in private conference by the nine Justices recently. Orders were issued today and the Drake case was listed among those cases denied by the Court.

The easiest job in the world has got to be US Supreme Court justice. You decide if or when you want to hear a case, fall asleep on the bench (Ruth Bader-Ginsburg) during oral arguments, take months to come to a decision, your rulings are written by law clerks, and if you don't want to make any justification for your ruling, you can simply just vote for or against with no further esplanation.

What a bunch of lazy, overpaid for life, bastards, including all federal judges & most state & local judges.

I know what I would like to see happen to them..... spend the rest of their immoral, corrupt lives in prison, doing hard labor!

Is 5:20-21 fits our judges today to a tee. They are morally incapable of rendering any correct judicial ruling! Immoral, corrupt, vain, arrogant, prideful RAT BASTARDS. They will roast for eternity in Hell & the Lake of Fire!

40 posted on 05/06/2014 5:43:06 PM PDT by rcrngroup
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