Justices Thomas and Gorsuch: Supreme Court should take more Second Amendment cases

james_1957

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WASHINGTON, D.C.—Gun owners were disappointed Monday when the U.S. Supreme Court declined to take perhaps the highest-profile Second Amendment case in the country right now: Peruta v. California. Justices Clarence Thomas and Neil Gorsuch share those gun owners’ disappointment, declaring the need for the nation’s highest court to require adherence to its Second Amendment precedents.

The Supreme Court has only decided two cases on the right to keep and bear arms: D.C. v. Heller and McDonald v. Chicago. Both involved a law-abiding citizen seeking a handgun in his home for personal protection.

Peruta took a logical next step, involving an elderly law-abiding citizen who wanted the opportunity to carry a handgun when he is outside the home, either concealed or openly. In an opinion written by Reagan conservative Judge Diarmuid O’Scannlain, a three-judge panel of the U.S. Court of Appeals ruled in favor of the gun owner, but then an 11-judge en banc panel of that court ruled against gun rights. Former Solicitor General Paul Clement petitioned the High Court for review, backed by the National Rifle Association.

After several weeks of relisting the case, the Supreme Court denied review. Justice Thomas published an opinion dissenting from that denial, joined by Justice Gorsuch.

“We should have granted certiorari in this case,” Justice Thomas began. “The approach taken by the en banc court is indefensible, and the petition raises important questions that this Court should address. I see no reason to await another case.”

http://www.breitbart.com/big-govern...ourt-should-take-more-second-amendment-cases/
 
A lot of people here in CA were counting on Peruta to solve the blatant insult to Second Amendment rights by the San Diego Sheriff. I don't know where the fight goes from here. The failure to take up the case leaves in place State rules that effectively deprive citizens of the right of self-defense outside the home.
 
A lot of people here in CA were counting on Peruta to solve the blatant insult to Second Amendment rights by the San Diego Sheriff. I don't know where the fight goes from here. The failure to take up the case leaves in place State rules that effectively deprive citizens of the right of self-defense outside the home.
The law deprives nobody of self-defense outside their home. If they want, they can get a concealed-carry license.
 
The problem is that Peruta was not the vehicle for this issue. Peruta was an attempt to get official recognition that Concealed Carry is protected under the 2nd Amendment.

Historically it hasn't been. There's a lot of precedent out there that says that Concealed Carry can be regulated and banned. So, the Denial of Cert is appropriate because there really isn't any issue for them to decide.

There's a Florida case (Norman) which might get Cert. Florida prohibits Open Carry. That same precedent which affirms that Concealed Carry can be regulated also states that the Right is Open Carry. But, there are issues with Norman that could cause it to fail to get Cert.

Behind Norman is another California case (Nichols). Nichols clams that the ban on Open Carry in California violates the 2nd Amendment. Most people in the California gun culture seem to be either on the fence over viability of that case or against it on the basis of personality conflicts. Only time will tell who is correct, if anyone.

Personally I think the answer lies in Congress. Not that ridiculous "reciprocity" atrocity but a simple Congressional determination that the Rights enshrined in the 2nd Amendment are consistent with the opinion in Bliss v. The Commonwealth of Kentucky and NO OTHER opinion by any Court on the issue shall have validity.
 
A lot of people here in CA were counting on Peruta to solve the blatant insult to Second Amendment rights by the San Diego Sheriff. I don't know where the fight goes from here. The failure to take up the case leaves in place State rules that effectively deprive citizens of the right of self-defense outside the home.

What a coincidence! vettebirther was also a gun-loving whackadoodle from San Diego. So trippy!
 
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