US Supreme Court declines to hear challenge to carrying guns in public

USA Today reported that the US Supreme Court appears to be hesitant in going back to the national debate on firearms. On Monday, the high court has refused to hear a legal challenge on whether the New Jersey's state right to bear arms law allows individuals to carry guns outside of the home. The news outlet said that if the Supreme Court would have allowed for the case to proceed, it would be the most significant gun control case yet since its District of Columbia v. Heller decision that allowed individuals the right to keep handguns for self-defense at home in 2008.

The legal challenge, which was backed by the National Rifle Association and Gun Owners Foundation, invoked the Second Amendment to allow individuals to carry guns in public. In its brief to the high court, the NRA said, "The Second Amendment guarantees the right to carry weapons for the purpose of self-defense - not just for self-defense within the home, but for self-defense, period."

On the other hand, state law enforcement groups argued that the "justifiable need" requirement of the state law to allow people to carry guns outside of the home either openly or discreetly such that the law qualifies as a presumptive, lawful, long-term legislation that does not burden conduct within the scope of the guarantee of the Second Amendment.

USA Today said that the state of New Jersey has won two rounds in district and appeals courts to defend the requirement. However, in February, another case had ruled in favor of the gun enthusiasts in California. The news outlet said that this setback for the state only indicates that there is still a split within lower courts about guns, specifically Drake v. Jerejian, that would ultimately force the Supreme Court to make a final decision on the matter.

Lawyer Alan Gura, who represented those who had challenged the New Jersey law, said before the Supreme Court turned down the case, said, "Drake presents very strong splits on carrying outside the home and the need for evidence in Second Amendment cases."

Tags

US Supreme Court, National Rifle Association, Gun Owners Foundation

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