SAF files for cert in Drake (NJ may-issue)

[br3krj]

Thanks Krucam & Patrick - appreciate it!

 

[swinokur]

As usual, you guys make the complex somewhat understandable.

 

[ryan_j]

Drake hasn't been set for a conference yet. See:
http://www.supremecourt.gov/Search.aspx?FileName=/docketfiles/13-827.htm

The Petition phase of Drake is only 1/3 of the way through. Petitioner Brief (+ Amici) submitted.

NJ still has a response due on 3/14.

Correct. I think we're confusing cases. There are the two NRA cases (McCraw and NRA v BATFE) which sorta deal with carry outside the home but deal more with age restrictions. These are distributed for conference this Friday.

Drake isn't going to be distributed for conference until sometime in April.

 

[Elliotte]

Correct. I think we're confusing cases. There are the two NRA cases (McCraw and NRA v BATFE) which sorta deal with carry outside the home but deal more with age restrictions. These are distributed for conference this Friday.

Drake isn't going to be distributed for conference until sometime in April.

There's 3 gun-related cases at conference tomorrow:

NRA v. McCraw - Whether or not 18-20 year olds can get CC licenses (Texas) http://www.scotusblog.com/case-files/cases/national-rifle-association-of-america-v-mccraw/

NRA v. BATFE - Whether or not 18-20 year olds should be allowed to purchase handguns from a FFL http://www.scotusblog.com/case-file...u-of-alcohol-tobacco-firearms-and-explosives/

Lane v. Holder - Whether or not DC residents can challenge the requirement that handgun sales must go through a FFL in your home state (or DC) http://www.scotusblog.com/case-files/cases/lane-v-holder/

 

[br3krj]

Thanks for the overview. Gonna be an interesting next 60 days!

 

[ryan_j]

There's 3 gun-related cases at conference tomorrow:

NRA v. McCraw - Whether or not 18-20 year olds can get CC licenses (Texas) http://www.scotusblog.com/case-files/cases/national-rifle-association-of-america-v-mccraw/

NRA v. BATFE - Whether or not 18-20 year olds should be allowed to purchase handguns from a FFL http://www.scotusblog.com/case-file...u-of-alcohol-tobacco-firearms-and-explosives/

Lane v. Holder - Whether or not DC residents can challenge the requirement that handgun sales must go through a FFL in your home state (or DC) http://www.scotusblog.com/case-files/cases/lane-v-holder/

Correct. I was referring to the two NRA cases that dealt with possession outside the home.

 

[Patrick]

And I was answering the more general question of how the conferences work.

Gonna be an interesting next 60 days!

Damn skippy, it sure will.

 

[ryan_j]

Evan Nappen discussing the cases with Cam Edwards:

http://nranews.com/home/video/emily...ontrol-terrorist-scare-tactics/list/headlines

 

[br3krj]

Correct. I was referring to the two NRA cases that dealt with possession outside the home.

So we should know on Monday whether the court is taking any or all 3 of these cases?

 

[Kharn]

br3krj,
Yes, Monday at ~10am.

 

[br3krj]

br3krj, Yes, Monday at ~10am.

Any predictions?

 

[press1280]

Any predictions?

A real tough call. I can't even begin to predict what'll happen-so many pieces in motion. I think a case will be taken......but it may be Drake in a month or two, and these cases may be denied.

 

[ryan_j]

Hard to predict this one too. These cases may be denied or they may not. Drake seems much better now with the circuit split.

 

[br3krj]

Hard to predict this one too. These cases may be denied or they may not. Drake seems much better now with the circuit split.

agreed - I did not think the court would take Drake originally but with recent SD decision to not go en banc, I predict the court will now take Drake. At least keeping my fingers crossed.

 

[teratos]

Cert denied without explantion.

http://www.scotusblog.com/2014/02/court-denies-gun-rights-cases/

Getting a little old.

 

[yellowfin]

That's 3 cases which I think were ahead of Drake, not Drake itself. There was NRA v. BATFE (prohibition on 18-20 yr old purchase of pistols), Lane v. Holder (nonresident US citizen handgun purchase) and the McGraw v. Texas (no 18-20 yr old CHL's in TX). Or am I wrong?

 

[ConservativeNYer]

That's 3 cases which I think were ahead of Drake, not Drake itself. There was NRA v. BATFE (prohibition on 18-20 yr old purchase of pistols), Lane v. Holder (nonresident US citizen handgun purchase) and the McGraw v. Texas (no 18-20 yr old CHL's in TX). Or am I wrong?

That's correct. I never saw a huge difference between BATFE and McGraw. Lane v. Holder though was challenging an absurd law. Banning interstate purchases of handguns doesn't even satisfy rational basis, in my mind. Not given carry reciprocity.

For what it's worth, I don't think the Supreme Court will hear Drake either. I honestly don't think Roberts, Kennedy, or both support gun rights outside of the very abstract. It's not that they don't want to "wade into" the debate; it's that they agree with the lower courts that have basically written the 2nd Amendment out of the Constitution.

 

[yellowfin]

It has been observed that we have a real problem in that SCOTUS judges come from Ivy League schools which are ideologically controlled by anti gun influences.

 

[swinokur]

So much for equal justice under law.

 

[ConservativeNYer]

So much for equal justice under law.

It is funny how the same people who think you should need to be 21 to buy a gun are cool with 16 year olds getting abortions without parental notification.