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May 05, 2014

Supreme Court Declines to Review Lower Court's Approval of New Jersey Law Sharply Restricting Right to Carry Gun Outside the Home

After a series of pro-gun rulings, the Supreme Court declines to make another one.

The Supreme Court appears hesitant to wade back into the national debate on guns.

The court refused Monday to decide whether the right to bear arms extends outside the home. The justices won't consider a challenge to a New Jersey law that restricts most residents from carrying guns in public.

...

New Jersey law enforcement groups defended the state's requirement that citizens prove a "justifiable need" to carry handguns outside the home, whether openly or concealed from view. In their brief, they claimed the law "qualifies as a presumptively lawful, longstanding regulation that does not burden conduct within the scope of the Second Amendment's guarantee."

The Ninth Circuit had offered a contrary ruling --in Peruta, the appeals court ruled that San Diego could not impose a "justifiable need" requirement on the right to bear arms.

But New Jersey's law was upheld several times by the Third Circuit -- and the Supreme Court has refused to harmonize the decisions by issuing a ruling as to who is right.

The San Diego Sheriff declined to appeal the Peruta ruling. Given this new non-ruling from the Supreme Court -- seemingly blessing a version of the San Diego "justifiable need" regime -- Peruta might wind up being an outlier. And maybe the San Diego Sheriff will choose now to appeal it (if he still has time to do so).

[Update - Andy] More from our friend Michael James Barton at NRO's Bench Memos.



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posted by Ace at 12:35 PM

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