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MILLER: Pressure for Supreme Court to take up Drake case and rule on concealed carry laws for nation
Split between 9th Circuit in California and 3rd Circuit New Jersey cases
There are currently eight states that are considered “may issue” — which means a permit applicant has to prove a pressing need to carry a firearm outside the home — including Maryland, New York and California. (The District of Columbia does not allow anyone to carry a gun outside the home, except the bad guys.)
In practice, it is virtually impossible to get a concealed carry permit in these states.
On Monday, the Supreme Court declined to consider two NRA cases, one of which (NRA v. McCraw) would have presented an opportunity to rule on carry rights.
However, many legal experts believe the court will take a case on this issue at some point, as a split among the circuit courts continues to develop.
Alan Gottlieb is the founder of the Second Amendment Foundation. “I think, no matter what, that now the odds are really in our favor for them to hear Drake,” he told me. “The California ruling and the Richards case, which the 9th Circuit will also rule our way any day now, creates a really big split that can’t be ignored.”
(Richards v. Prieto is another California carry case that Mr. Gottlieb’s organization filed against Yolo County that the 9th Circuit heard on the same day as the San Diego case.)
While Mr. Drake originally sued for himself, he has become more motivated by the principle.
“Look, I could get rid of the machines or move to Pennsylvania. But it ain’t right that we have to prove a need,” he explained. “States can change speed limits or taxes, but there are certain inalienable rights in the amendments that should not be abridged. It should be the same rule everywhere in the country.”
The Supreme Court will likely decide by summer if it will take up Drake in the fall session.
It’s time for the justices to insist that American citizens in all 50 states and D.C. have the fundamental right to carry guns outside the home for self-defense without arbitrary restrictions set by anti-gun politicians.
Emily Miller is senior editor of opinion for The Washington Times and author of“Emily Gets Her Gun” (Regnery, 2013).
© Copyright 2014 The Washington Times, LLC. Click here for reprint permission.
About the Author
Emily Miller is senior editor of opinion for The Washington Times. She is the author of “Emily Gets Her Gun … But Obama Wants to Take Yours” (Regnery 2013). Miller won the 2012 Clark Mollenhoff Award for Investigative Reporting from the Institute on Political Journalism.
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