John Boy

Supreme Court Reschedules Concealed Carry Case. Again...

107 posts in this topic

Regarding Peruta V. California and the fact that there was no action on the case - 

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  • Amy Howe

    This case has been repeatedly distributed for conference but then rescheduled; last week was the first time that it was actually considered at the conference.

    9:41 AM

  • Amy Howe

    The Court has been giving most cases a second look before granting, so the fact that the case wasn't on this week's order list could mean (a) that someone is trying to pick up a fourth vote to grant cert.; (b) there are four votes but they want to do their due diligence; (c) they are denying but someone is writing a dissent or statement respecting the denial.

    9:43 AM

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10 hours ago, diamondd817 said:

Like all the other 2A cases recently,  they will reschedule it a few times then deny it.

I am certainly hoping that is not the case.   My disappointment with the Drake case not being heard is still fresh in my mind. We shall see.  

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Realistically, they are (at best) exactly where they were the last time they got a case like this. 4 for 4 against and 1 maybe. Last time they couldn't relist forever, so without some other change to the line up, I'm not sure why this would go differently. 

 

 

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Agree with that, unless 1) for some reason Gorsuch is more persuasive than Scalia or perhaps perceived as more likely to compromise in some way or 2) Peruta is different than the Drake and the other carry cases.  I'm not sure why that would be -- the good cause issue seems pretty identical to justifiable need and both NJ and CA ban open carry so this really isn't just a concealed carry case (which might have an uphill battle even with the pro-2A judges) but rather a "bear arms" case.  One other possibility is that there is just more room on the calendar, or perhaps the justices were waiting for all of the pending cases, including Peruta, to make their way through the appeals process before granting cert.  I'm not optimistic, but have some hope.

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3 hours ago, PDM said:

... both NJ and CA ban open carry ...

I think that NJ doesn't distinguish between open and concealed carry. If you have a carry permit you can either carry open or concealed.

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