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By Tammy Bruce
Topic - Alan Gura
MILLER: Pressure for Supreme Court to take up Drake case and rule on concealed carry laws for nation
John Drake just wants to legally carry a gun to defend himself in New Jersey since he has been chased by robbers after refilling ATMs with thousands of dollars in cash. His application for a concealed carry permit was denied because the state does not consider self-defense a "justifiable need."
Amanda Welling has traveled a long, twisting road to transfer her handgun from her former Texas home to her new one in Southeast D.C. — a road that has led her to the Supreme Court.
Second Amendment advocates won a major victory on Thursday when the Ninth Circuit Court of Appeals ruled that the individual right to bear arms applies outside the home. Specifically, the court said that San Diego’s restrictive concealed carry laws that require citizens to prove a need to defend themselves are unconstitutional.
Americans who live in the nation’s capital are the only ones who are not allowed to carry rights under any circumstances, and the justice system refuses to help.
D.C. gun owners filed a federal lawsuit in 2009 seeking the right to carry guns in public, but with a decision in the case still pending they are now taking the unusual step of seeking intervention by a higher court.
The nation’s capital is the only place in America where no one is allowed to exercise his right to bear arms. This is clearly unconstitutional, but the courts have thrown up repeated roadblocks to delay the law getting overturned for more than four years. The federal appeals court now will decide if this delay can continue.
The U.S. Supreme Court will not review a Maryland law requiring applicants to provide a "good and substantial reason" to carry a weapon in public — passing again on an opportunity to clarify the limitations of the Second Amendment.
Alan Gura is disappointed the Supreme Court said Tuesday that it would not take up a challenge to Maryland's “may issue” carry laws, but he is determined to get a high court ruling on the right to bear arms.
For the five-year anniversary of the landmark Supreme Court ruling on District of Columbia v. Heller, the Cato Institute brought together the original legal team to reflect on the impact. Emily Miller, The Washington Times' senior editor for opinion, spoke about how D.C. technically complied with the High Court's decision but put in place onerous registration laws to discourage gun ownership.
As the debate over gun rights heats up on Capitol Hill, the Supreme Court on Monday denied a petition to hear a challenge to a key provision of New York state's restrictive gun laws.
A federal appeals court has ruled that Maryland can require concealed-carry handgun permit applicants to provide a "good and substantial reason" for wanting to carry a gun outside the home, leaving state officials feeling vindicated and Second Amendment advocates vowing to take the case to the U.S. Supreme Court.
Florida is preparing to issue its 1 millionth concealed-carry permit while a federal court ruling this week left the nation's capital as the only place in the United States with a total ban on carrying concealed weapons — developments that have gun advocates feeling that momentum is on their side in the national debate over whether Americans can remain armed once they leave home.
Anti-gun jurisdictions are in trouble. Tuesday's 7th U.S. Circuit Court of Appeals decision striking down the Illinois ban on concealed carry has put in the crosshairs the reluctance of the District and Maryland to allow citizens to exercise their right to self-defense outside the home.
New life is being breathed into the Second Amendment. After it was beaten down by activist courts over the decades, the nation's top justices finally decided two years ago that the founders meant what they wrote. In McDonald v. Chicago, the Supreme Court majority held it was unconstitutional for the Windy City to forbid residents to keep handguns in their homes. On Tuesday, the 7th U.S. Circuit Court of Appeals decided the phrase in the Bill of Rights about "bearing arms" has meaning as well.
Attorneys for the state of Maryland argued Wednesday in federal court that a law requiring residents to provide a "good and substantial reason" for seeking handgun permits is a reasonable restriction that promotes safety without violating the Second Amendment.
"The standing issue that we're seeing with our case could be utilized to ban any number of things," Mr. Gura said. "Nothing in the 4th Circuit [Court] decision would suggest its logic is limited to firearms."
"The national marketplace for owning a handgun has really been restricted because everyone has to go through these [federally licensed firearms dealers]," Mr. Gura said. "The courts are going out of their way to deny Second Amendment rights to people."