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Will the U.S. Supreme Court Entertain These Second Amendment-Related Cases? (Updated)

 Image credit: CBS News

Today, the Supreme Court of the United States will make the decisions whether or not to hear at least three significant cases concerning U.S. citizens' Constitutionally provided rights. If any of the cases are heard, the very hot debate of how the Second Amendment to the Constitution is interpreted by the judicial branch of our government could be considered settled...or could get even hotter.

Update: It has been announced that the Justices have declined to hear any of the below cases.

NRA v. BATFE

This case has been presented and appealed by the National Rifle Association, and contends that where minors are allowed to own handguns they should be allowed to purchase them at age 18. Currently, federal law prohibits the purchase of a handgun by anyone younger than 21. NRA v. BATFE was heard by the U.S. District Court for the Northern District of Texas and the Fifth Circuit Court of Appeals, both of which upheld the federal restriction.

Drake v. Filko

This lawsuit attempts to reverse a ban on the carrying of handguns outside the home in the state of New Jersey. The U.S. District Court, New Jersey, and the Third Circuit Court of Appeals have both upheld the state's law...but between the Seventh Circuit Court of Appeals' bodyslam of Illionois' concealed weapons ban and a more recent ruling by the Ninth Circuit Court of Appeals that struck down California's "may issue" wording for the San Diego jurisdiction,  Drake v. Filko may have the boost of confidence it needs.

Welling v. BATFE (unconfirmed name)

Amanda Welling moved from Texas to Washington, DC, and found that the only listed Federal Firearms License holder in the District had closed shop. She was therefore unable to legally transfer her handgun - the proper way - to her new home (she could not transport it personally because of the double-stack magazines - it's a Glock).

We'll update this post with the court's decision. Until then, click "Read More" to check out some more cases that may reach the Supreme Court this year.

NYSRPA v. City of New York

This case is very similar to Drake v. Filko, in that it seeks to overturn New York City's restriction against handguns being brought outside the home. However, New York's ridiculous set of laws doesn't even allow the transporting of handguns to or from the home - unless it's within the city itself. And even then, you must be licensed. This case will be heard in the U.S. District Court for the Southern District of New York first, but if it doesn't get the traction desired it will be taken to an appellate court...and eventually the Supreme Court.

Peruta v. San Diego

Very recently, a shock ruling came out of California when the Ninth Circuit Court of Appeals negated San Diego's "may issue" policy on concealed carry permits for being unConstitutional. For now, it sounds like there will be no appeal, but if there is one, the Ninth Circuit can agree to re-hear the case with a randomly selected roster of 11 judges (out of 26). Whatever the outcome, we can be sure to see a petition filed for the case to be presented to the Supreme Court following.

Abramksi v. United States of America

This case has actually already been presented to the Supreme Court in the form of oral arguments, with a decision coming sometime before July. West Virginia's laws - according to the lawsuit - are entrapping, making it extremely difficult to sell a privately owned gun cleanly. The Supreme Court will decide on the Constitutionality of these laws, as well as those of 25 other states.


For even more suggested reading on Second Amendment cases around the country, check out this California Right to Carry blog article.

Posted: 4 years 5 months ago by hkadoch #80
hkadoch's Avatar
Excellent summary of these important cases! Thanks!
Posted: 4 years 5 months ago by hkadoch #81
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UPDATE: San Diego's Sheriff's office has decided not to appeal the decision or request an 'en banc' review and will begin issuing CCW permits under a "shall issue" policy. Orange County, also in California is following suit and will begin a 'shall issue' CCW permit policy. This is great news for our friends in California.


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