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U.S. Supreme court to consider NJ gun law

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Tomorrow, May 2, 2014, the U.S. Supreme Court will consider whether to hear New Jersey's firearms law as to whether firearm possession is a privilege or a right. Most libertarians would consider the Second Amendment to read that it is an inherent right for the People to keep and bear arms, and that right should not be infringed.

The case is Drake v. Jerejian whereas John M. Drake was denied his right to carry a concealed handgun. New Jersey state law states that unless a normal citizen has a life endangering reason to carry a firearm, then they will not be permitted to do so. The only other instance once may receive a concealed carry permit in New Jersey, is if it is needed for their profession, such as a security guard.

Specifically at issue before the court would be: (1) Whether the Second Amendment secures a right to carry handguns outside the home for self-defense; and (2) whether state officials violate the Second Amendment by requiring that individuals wishing to exercise their right to carry a handgun for self-defense first prove a “justifiable need” for doing so.

There have been seven Amici Curiae briefs filed in the case by the Gun Owners of America Foundation, the National Rifle Association, the CATO Institute, Members of Congress, Center for Constitutional Jurisprudence, the Judicial Educational Project and by Wyoming State Attorney General Peter Michael on behalf of his state along with 17 others states.

Most notable in CATO's brief was when they posed the question to the Justices, "Was this Court serious in District of Columbia v. Heller when it ruled that the Second Amendment protects the individual right to keep and bear arms?"

The Second Amendment reads: "A well regulated militia being necessary to the security of a free state, the right of the people to keep and bear arms shall not be infringed."

We will report in the near future as to if the Supreme Court will hear the case or not.

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