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Drake Cert Petition - Drake

Drake Cert Petition - Drake

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Published by Michael James
2A, 2nd Amendment, cert brief to SCOTUS regarding right to carry handgun firearm gun outside the home. Also see Moore v Madigan.
2A, 2nd Amendment, cert brief to SCOTUS regarding right to carry handgun firearm gun outside the home. Also see Moore v Madigan.

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Published by: Michael James on Apr 21, 2014
Copyright:Traditional Copyright: All rights reserved

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05/09/2014

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No. 13-_________
================================================================
In The
Supreme ourt of the United States
---------------------------------
 --------------------------------- JOHN M. DRAKE, GREGORY C. GALLAHER, LENNY S. SALERNO, FINLEY FENTON, SECOND AMENDMENT FOUNDATION, INC.,  AND ASSOCIATION OF NEW JERSEY RIFLE & PISTOL CLUBS, INC.,
 Petitioners,
v. EDWARD A. JEREJIAN, THOMAS D. MANAHAN, JOSEPH R. FUENTES, ROBERT JONES, RICHARD COOK, AND JOHN JAY HOFFMAN,
 Respondents.
---------------------------------
 ---------------------------------
On Petition For A Writ Of Certiorari To The United States Court Of Appeals For The Third Circuit
---------------------------------
 ---------------------------------
PETITION FOR A WRIT OF CERTIORARI
---------------------------------
 --------------------------------- D
 AVID
 D. J
ENSEN
 D
 AVID
 J
ENSEN
 PLLC 111 John Street, Suite 420 New York, New York 10038 212.380.6615 david@djensenpllc.com
 
 A 
LAN
 G
URA 
 
Counsel of Record
 G
URA 
 & P
OSSESSKY 
, PLLC105 Oronoco Street, Suite 305  Alexandria, Virginia 22314703.835.9085 alan@gurapossessky.com================================================================
COCKLE LEGAL BRIEFS (800) 225-6964 WWW.COCKLELEGALBRIEFS.COM
 
i
QUESTIONS PRESENTED
 The Second Amendment “guarantee[s] the indi-vidual right to possess and carry weapons in case of confrontation.”
 District of Columbia
v.
 Heller
, 554 U.S. 570, 592 (2008). But in accordance with “the overriding philosophy of [New Jersey’s] Legislature . . . to limit the use of guns as much as possible,”
State
v.
 Valentine
, 124 N.J. Super. 425, 427, 307 A.2d 617, 619 (N.J. Super. Ct. App. Div. 1973), New Jersey law bars all but a small handful of individuals show-ing “justifiable need” from carrying a handgun for self-defense, N.J. Stat. Ann. § 2C:58-4(c). The federal appellate courts, and state courts of last resort, are split on the question of whether the Second Amendment secures a right to carry handguns outside the home for self-defense. The Second, Fourth, Fifth and Seventh Circuits, and the supreme courts of Illinois, Idaho, Oregon and Georgia have held or assumed that the Second Amendment encom-passes the right to carry handguns outside the home for self-defense. But along with the highest courts of Massachusetts, Maryland, and the District of Colum-bia, which have refused to recognize this right, a divided Third Circuit panel below held that carrying handguns outside the home for self-defense falls outside the scope of the Second Amendment’s protec-tion. It thus upheld New Jersey’s “justifiable need” prerequisite for carrying defensive handguns.
 
ii
QUESTIONS PRESENTED
 – Continued The federal appellate courts are also split 8-1 on the question of whether the government must provide evidence to meet its burden in Second Amendment cases. The First, Second, Fourth, Fifth, Seventh, Ninth, Tenth and District of Columbia Circuits re-quire the government to produce legislative findings or other evidence to sustain a law burdening the right to bear arms. But the majority below held that the legislature’s policy decisions need not be sup-ported by any findings or evidence to survive a Sec-ond Amendment challenge, if the law strikes the court as reasonable. Accordingly, the majority upheld New Jersey’s “justifiable need” law despite the state’s concession that it lacked legislative findings or evi-dence of the law’s public safety benefits, let alone the degree of fit between the regulation and the interests it allegedly secures. The questions presented are: 1. Whether the Second Amendment secures a right to carry handguns outside the home for self-defense. 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.

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