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

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  • fizux
    Senior Member
    CGN Contributor - Lifetime
    • Apr 2012
    • 1540

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

    Drake v. Jerejian [New Jersey]

    FKA: Drake v. Filko, Muller v. Maenza, Piszczatoski (WTF?!) v. Cook, or any combination thereof.

    Issue: 2A Right to Bear Arms outside the home.

    Question Presented: (1) Whether the Second Amendment secures a right to carry handguns outside the home for self-defense; and (2) whether state officials violate the Second Amendment by requiring that individuals wishing to exercise their right to carry a handgun for self-defense first prove a “justifiable need” for doing so.

    Status (as of 5/5/2014): Cert Denied.

    5/5/2014 - Conference orders released: Cert Denied.
    4/28/2014 - Distributed for 5/2/2014 Conference.
    4/21/2014 - Distributed for 4/25/2014 Conference.
    4/2/2014 - Distributed for 4/18/2014 Conference.
    4/1/2014 - Reply Brief filed by Petitioners.
    3/14/2014 - BIO filed by Respondents.
    2/25/2014 - Supp. Brief filed by Petitioners.
    2/13/2014 - Side Note: Peruta published by 9CA.
    2/12/2014 - Various Amici Briefs filed: GOF, NRA, Members of Congress, Center for Constitutional Jurisprudence, Wyoming, Judicial Education Project, and Cato.
    1/9/2014 - Petition for Writ of Certiorari filed.
    11/5/2013 - Justice Alito grants application to extend time (thru 1/9/2014).
    11/1/2013 - Application to extend time to file cert. petition.
    9/4/2013 - Mandate issued.
    8/27/2013 - Petition for rehearing en banc denied.
    8/14/2013 - Petition for rehearing filed.
    7/31/2013 - Judgment entered.
    7/31/2013 - 3CA Panel Opinion.
    1/24/2012 - Appeal docketed.
    1/16/2012 - Notice of Appeal.
    1/12/2012 - Trial Court Opinion and Order granting Defendants' MTD & denying Plaintiffs' MSJ.
    10/27/2011 - MSJ/MTD hx.
    1/26/2011 - Defendants' MTD filed (P&A).
    12/20/2010 - Plaintiffs' MSJ filed (P&A).
    11/22/2010 - Complaint filed.

    Trial Court - Dist. NJ
    Case No.: 2-10-cv-06110.
    Docket: http://ia600301.us.archive.org/16/it...20.docket.html

    Appellate Court - 3CA
    Case No.: 12-1150.
    Docket: http://ia601703.us.archive.org/3/ite...50.docket.html

    SCOTUS
    Case No.: 13-827
    Docket: http://www.supremecourt.gov/Search.a...les/13-827.htm

    Links:
    SCOTUSblog case file: http://www.scotusblog.com/case-files...ke-v-jerejian/
    Last edited by fizux; 05-05-2014, 6:54 AM. Reason: update
    Nationwide Master List of Current 2A Cases, courtesy of Al Norris @ TFL.

    Reloading Clubs: SF, East Bay

    Case Status: (Handgun Roster). SF v. 44Mag (Mag Parts Kits). Bauer v. Harris (DROS Fees). Davis v. LA (CCW policy). Jackson v. SF (Ammo/Storage). Teixeira (FFL Zoning). First Unitarian v. NSA (Privacy). Silvester (Waiting Period). Schoepf (DROS Delay). Haynie (AW ban). SFVPOA v. SF (10+ mag possession ban). Bear in Public: Drake (3CA); Moore (7CA); Richards, Peruta, McKay (9CA).
  • #2
    Paladin
    I need a LIFE!!
    • Dec 2005
    • 12365

    Originally posted by fizux
    Drake v. Filko [New Jersey]
    Issue: 2A Right to Bear Arms outside the home.

    Status: Loss at 3CA, en banc denied; Cert. Petition due 1/9/2014.
    Gura has less than 1 month to file (or not)....
    240+ examples of CCWs Saving Lives.

    Comment

    • #3
      hoffmang
      I need a LIFE!!
      • Apr 2006
      • 18448

      Originally posted by Paladin
      Gura has less than 1 month to file (or not)....
      Gene Hoffman
      Chairman, California Gun Rights Foundation

      DONATE NOW
      to support the rights of California gun owners. Follow @cgfgunrights on Twitter.
      Opinions posted in this account are my own and not the approved position of any organization.
      I read PMs. But, if you need a response, include an email address or email me directly!


      "The problem with being a gun rights supporter is that the left hates guns and the right hates rights." -Anon

      Comment

      • #4
        Peaceful John
        Member
        • Apr 2008
        • 312

        Welcome back, Gene.

        Comment

        • #5
          sholling
          I need a LIFE!!
          CGN Contributor
          • Sep 2007
          • 10360

          It's good to see you back Gene!
          "Government is the great fiction, through which everybody endeavors to live at the expense of everybody else." --FREDERIC BASTIAT--

          Proud Life Member: National Rifle Association, the Second Amendment Foundation, and the California Rifle & Pistol Association

          Comment

          • #6
            John Galt
            Member
            • May 2006
            • 156

            Originally posted by sholling
            It's good to see you back Gene!
            agree

            Comment

            • #7
              hoffmang
              I need a LIFE!!
              • Apr 2006
              • 18448

              Just been a bit busy. I think things will get to explain themselves shortly in a fun way.

              -Gene
              Gene Hoffman
              Chairman, California Gun Rights Foundation

              DONATE NOW
              to support the rights of California gun owners. Follow @cgfgunrights on Twitter.
              Opinions posted in this account are my own and not the approved position of any organization.
              I read PMs. But, if you need a response, include an email address or email me directly!


              "The problem with being a gun rights supporter is that the left hates guns and the right hates rights." -Anon

              Comment

              • #8
                fizux
                Senior Member
                CGN Contributor - Lifetime
                • Apr 2012
                • 1540

                Originally posted by hoffmang
                Just been a bit busy. I think things will get to explain themselves shortly in a fun way.

                -Gene
                Did you have an exciting several month vacation in southeastern Cuba hosting several members of our state senate and assembly, each of which came back pro-2A ... ?
                Nationwide Master List of Current 2A Cases, courtesy of Al Norris @ TFL.

                Reloading Clubs: SF, East Bay

                Case Status: (Handgun Roster). SF v. 44Mag (Mag Parts Kits). Bauer v. Harris (DROS Fees). Davis v. LA (CCW policy). Jackson v. SF (Ammo/Storage). Teixeira (FFL Zoning). First Unitarian v. NSA (Privacy). Silvester (Waiting Period). Schoepf (DROS Delay). Haynie (AW ban). SFVPOA v. SF (10+ mag possession ban). Bear in Public: Drake (3CA); Moore (7CA); Richards, Peruta, McKay (9CA).

                Comment

                • #9
                  mikestesting
                  Member
                  • May 2012
                  • 457

                  Originally posted by fizux
                  Did you have an exciting several month vacation in southeastern Cuba hosting several members of our state senate and assembly, each of which came back pro-2A ... ?
                  I guess we can all have our dreams.
                  Originally posted by Random CNN Commenter
                  You represent what's wrong with America. A sheep. Waiting on your welfare so that you don't have to think or work, and be part of a movement. Now, get out of the library and let someone else use the government's computer.

                  Comment

                  • #10
                    Paladin
                    I need a LIFE!!
                    • Dec 2005
                    • 12365

                    Originally posted by Paladin
                    Gura has less than 1 month to file (or not)....
                    Gura now has less than 1 week to file (or not)....

                    (Why do lawyers always procrastinate? )
                    240+ examples of CCWs Saving Lives.

                    Comment

                    • #11
                      press1280
                      Veteran Member
                      • Mar 2009
                      • 3023

                      Originally posted by Paladin
                      Gura now has less than 1 week to file (or not)....

                      (Why do lawyers always procrastinate? )
                      He'll file, only question is whether he'll possibly ask for another extension. In this case it's clear he's hoping some other cases get decided(in our favor) to increase chances of a cert grant.

                      Comment

                      • #12
                        fizux
                        Senior Member
                        CGN Contributor - Lifetime
                        • Apr 2012
                        • 1540

                        Originally posted by Paladin
                        Gura now has less than 1 week to file (or not)....
                        Originally posted by press1280
                        He'll file, only question is whether he'll possibly ask for another extension. In this case it's clear he's hoping some other cases get decided(in our favor) to increase chances of a cert grant.
                        On the few occasions it has actually happened to me, it is rather embarrassing to have a case come down that eviscerates major portions of one's argument between briefing and oral argument.

                        In this case, I think many of us are hoping that the 9CA Richards/Peruta/Baker panel renders an opinion soon ... during our lifetimes ... before Palmer.

                        Originally posted by Paladin
                        (Why do lawyers always procrastinate? )
                        For a $5,000.00 retainer, I'd be happy to provide a detailed explanation.
                        Nationwide Master List of Current 2A Cases, courtesy of Al Norris @ TFL.

                        Reloading Clubs: SF, East Bay

                        Case Status: (Handgun Roster). SF v. 44Mag (Mag Parts Kits). Bauer v. Harris (DROS Fees). Davis v. LA (CCW policy). Jackson v. SF (Ammo/Storage). Teixeira (FFL Zoning). First Unitarian v. NSA (Privacy). Silvester (Waiting Period). Schoepf (DROS Delay). Haynie (AW ban). SFVPOA v. SF (10+ mag possession ban). Bear in Public: Drake (3CA); Moore (7CA); Richards, Peruta, McKay (9CA).

                        Comment

                        • #13
                          OleCuss
                          Calguns Addict
                          • Jun 2009
                          • 7481

                          Originally posted by fizux
                          .
                          .
                          .
                          For a $5,000.00 retainer, I'd be happy to provide a detailed explanation.
                          Just another delaying tactic. . .

                          OK, OK, just kidding.
                          CGN's token life-long teetotaling vegetarian. Don't consider anything I post as advice or as anything more than opinion (if even that).

                          Comment

                          • #14
                            Paladin
                            I need a LIFE!!
                            • Dec 2005
                            • 12365

                            Originally posted by fizux
                            For a $5,000.00 retainer, I'd be happy to provide a detailed explanation.
                            Sorry, because of lawyers' habit of procrastinating, I only enter into unilateral contracts with them.
                            240+ examples of CCWs Saving Lives.

                            Comment

                            • #15
                              Paladin
                              I need a LIFE!!
                              • Dec 2005
                              • 12365

                              Originally posted by fizux
                              Drake v. Filko [New Jersey]
                              Issue: 2A Right to Bear Arms outside the home.

                              Status: Loss at 3CA, en banc denied; Cert. Petition due 1/9/2014.

                              11/5/2013 - Justice Alito grants application to extend time (thru 1/9/2014).
                              Well, it's not like he waited until the last minute or anything....

                              U.S. SUPREME COURT ASKED TO CONSIDER SAF, ANJRPC RIGHT TO CARRY CASE

                              For Immediate Release: 1/9/2014http://www.saf.org/viewpr-new.asp?id=471
                              240+ examples of CCWs Saving Lives.

                              Comment

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