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Supreme Court Declines to Hear ANOTHER Carry Case
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Analysis by Attorney Daniel Schmutter, Esq.

Today, the United States Supreme Court declined to hear Peruta v. California, the latest right to carry case to come before the Court. The Peruta case challenged California's highly restrictive licensing system for carry permits which, like New Jersey, denies millions of law abiding individuals the ability to exercise lawful self-defense in public.

Although the Court generally does not indicate why it refuses to hear a case, this time around, Justice Clarence Thomas, joined by Justice Neil Gorsuch, filed a dissenting opinion in which he argued that the Court should have agreed to hear the case.

Justice Thomas's opinion includes some very significant points. Most importantly, he argues that the core purpose of the Second Amendment is the right of self-defense, which must include public carry of handguns in order for individuals to exercise lawful self-defense outside the home.

He also notes that the Court has not heard a single Second Amendment case since the McDonald v. Chicago decision in 2010, while during that same time period the Court has heard 35 First Amendment related cases and 25 Fourth Amendment related case.

Justice Thomas also criticized the lower court's approach as "indefensible" and "untenable," noting that the lower court limited its review of the case in a way that did not address the arguments actually presented by the Plaintiffs. Instead, the lower court heard the case in a way that avoided the main issues presented by parties. 

Significantly, the dissenting opinion is joined by newly appointed Justice Gorsuch, which helps provide a favorable picture of his approach to the Second Amendment. 

The next similar cases likely to arrive at the doorstep of the Supreme Court are Grace v. District of Columbia and Wrenn v. District of Columbia, two cases now being heard by the United States Court of Appeals for the District of Columbia Circuit which challenge the District of Columbia's similarly restrictive handgun carry law.

ANJRPC will leave no stone unturned to ensure that the right to defend yourself with a firearm outside the home (otherwise known as Right To Carry) is restored as fully as possible and as fast as possible in the Garden State. ANJRPC engaged early in this fight with its previous right to carry lawsuit, Drake v. Jerejian, which the Supreme court also declined to hear back in 2014. ANJRPC will continue to be at the forefront of this issue, strategically and tactically choosing the ideal time to take decisive action.
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