Drake v. Jerejian (NJ CCW) [cert denied 5/5]

[wireless]

The big difference is that there was no Peruta then.

There is also a difference in issuance between MD and NJ. Most of the plaintiffs in Drake v Jerejian would have gotten permits in Maryland. That said, the issues are the same, but NJ takes it to a whole different level.

This^.

I think we will get Drake and Peruta won't even be relevant other than to reference the opinion of the 5 that rule in favor on Drake.

[Jared1981]

36 more hours...

[LostInSpace]

If Peruta stands, but the Supreme Court declines to review a right-to-carry case, that still leaves a lot of Americans without Second Amendment protections in the prohibitionist states of the northeast. How many would that be? At least a quarter of the U.S. population?

Currently some 73 percent (as I recall) live in shall issue states, so some 27 percent are in may issue states. If Peruta stands, the latter number will be cut in half, with only some 13 or 14 percent remaining under may issue, which is quite a bit less than a quarter. That's why Peruta is such a big deal.

[LostInSpace]

There is also a difference in issuance between MD and NJ. Most of the plaintiffs in Drake v Jerejian would have gotten permits in Maryland.

Could that actually make Drake a somewhat dangerous case? A very narrow ruling might not cover those without an elevated need of some sort.

[aBrowningfan]

Could that actually make Drake a somewhat dangerous case? A very narrow ruling might not cover those without an elevated need of some sort.

Isn't Peruta a more 'comprehensive' case? Drake could result in open carry being legal, while Peruta provides for concealed carry (since CA bans open carry). At least that is my understanding of the difference between the two cases.

Be careful what is wished for.

[aBrowningfan]

36 more hours...

[CurlyDave]

Isn't Peruta a more 'comprehensive' case? Drake could result in open carry being legal, while Peruta provides for concealed carry (since CA bans open carry). At least that is my understanding of the difference between the two cases.

Be careful what is wished for.

It is more complex than that. In Peruta the state has already made open carry illegal, but every county, at least in theory, has a mechanism for concealed. So, the 9th said you must have shall issue CC.

Essentially the state could change the OC law to allow loaded concealed carry and not open up CC to everyone. And, I bet this is what they would do sometime down the road.

I see the drawback in CA to be that a lot of scary-looking people would end up with OC, which would frighten the soccer moms no end. At least with CC there is an initial furor, and then "out of sight, out of mind" kicks in. No outrage, no penalty for Kamela.

In fact, given the choice, I bet the Northeast goes that way also.

[aBrowningfan]

It is more complex than that. In Peruta the state has already made open carry illegal, but every county, at least in theory, has a mechanism for concealed. So, the 9th said you must have shall issue CC.

Essentially the state could change the OC law to allow loaded concealed carry and not open up CC to everyone. And, I bet this is what they would do sometime down the road.

I see the drawback in CA to be that a lot of scary-looking people would end up with OC, which would frighten the soccer moms no end. At least with CC there is an initial furor, and then "out of sight, out of mind" kicks in. No outrage, no penalty for Kamela.

In fact, given the choice, I bet the Northeast goes that way also.

That is my concern, as well. Loaded open carry could easily be turned against the 2A community.

[ddestruel]

That is my concern, as well. Loaded open carry could easily be turned against the 2A community.

[aBrowningfan]

Like in Ohio?


Peruta’s ruling indicates that some access to the right must exist and that had CA not banned open carry, open carry would have satisfied access to the right. i think your concerns are ill placed about being careful what we wish for. any carry for NJ or CA guaranteed will be far and above what exists. i think the ohio experience offers us some insight as to what may occur if a state plays games with only OC and restrictions

CA demographics are far, far, far different from those of Ohio. My concern is that if loaded open carry becomes a judicial standard, any number of CA politicians will find ways to restrict it. Open carry in CA will be litigated into the next century.

[taperxz]

CA demographics are far, far, far different from those of Ohio. My concern is that if loaded open carry becomes a judicial standard, any number of CA politicians will find ways to restrict it. Open carry in CA will be litigated into the next century.

They can do the same with concealed carry until its fought in court. Each and every place.

[taperxz]

Actually the timing is not that much of stretch. Not sure where you think because they delayed a case on Good Friday where one week makes much of a difference.

[aBrowningfan]

They can do the same with concealed carry until its fought in court. Each and every place.

As CurlyDave posted, out-of-sight becomes out-of-mind. At some point, there are more important things to attend to. Open carry is in your face and an invitation to litigate the matter. I have been posting that if Peruta is upheld, I expect the fight will shift to GMC, so I expect the litigation to continue. However, at some point, GMC will be sorted out. Open carry is an entirely different kettle of fish.

[aBrowningfan]

Actually the timing is not that much of stretch. Not sure where you think because they delayed a case on Good Friday where one week makes much of a difference.

There were other decisions released on Good Friday, so workload as an excuse becomes a bit of a stretch.

My Magic 8-Ball says SCOTUS declines Drake.

[fizux]

There were other decisions released on Good Friday, so workload as an excuse becomes a bit of a stretch.

My Magic 8-Ball says SCOTUS declines Drake.

Out of all petitions for certiorari granted this term, what percentage have been granted as a result of the first conference considering the petition? What percentage were kicked at least once before being granted? Does that affect your magic 8 ball's assessment?