California Right To Carry
Regular Member
This is a Second & 14th Amendment carry case out of Massachusetts. It is not a concealed carry case.
A cert petition was filed with the US Supreme Court on September 9, 2015.
The cert petition is very well written. Importantly, it clearly identifies the existing circuit splits on whether or not the Second Amendment extends beyond the home. As you may recall, the dissent in Jackson v. San Francisco by Justice Thomas (Justice Scalia concurring) chided the court in that case for not granting that cert petition for lack of a circuit split. Another nice thing about the cert petition in this case is the outcome does not turn on whether or not there is a right to carry a handgun concealed in public. The question is whether or not there is a right to possess and carry in public pursuant to the Second Amendment (the 1st Circuit Court of Appeals and the Massachusetts high court said there is not). On November 5, 2015 SCOTUS requested a response. This moves the cert petition from DOA to a better than average chance that the cert petition will be granted. There are two types of cases which are normally placed on the “dead list” and denied outright. IFP cases (those filed by persons who are so poor they cannot afford to pay the filing fee) and cases where a waiver of response is filed and SCOTUS does not request a response. This is an IFP case and a waiver of response had been filed. Now that SCOTUS has requested a response this case is off the “dead list.”
I maintain a tabbed page at my website for this case and will update it with the response (brief in opposition) and the reply to the response when I get them, as well as any Amicus briefs which are filed -> http://blog.californiarighttocarry.org/?page_id=3479
A cert petition was filed with the US Supreme Court on September 9, 2015.
The cert petition is very well written. Importantly, it clearly identifies the existing circuit splits on whether or not the Second Amendment extends beyond the home. As you may recall, the dissent in Jackson v. San Francisco by Justice Thomas (Justice Scalia concurring) chided the court in that case for not granting that cert petition for lack of a circuit split. Another nice thing about the cert petition in this case is the outcome does not turn on whether or not there is a right to carry a handgun concealed in public. The question is whether or not there is a right to possess and carry in public pursuant to the Second Amendment (the 1st Circuit Court of Appeals and the Massachusetts high court said there is not). On November 5, 2015 SCOTUS requested a response. This moves the cert petition from DOA to a better than average chance that the cert petition will be granted. There are two types of cases which are normally placed on the “dead list” and denied outright. IFP cases (those filed by persons who are so poor they cannot afford to pay the filing fee) and cases where a waiver of response is filed and SCOTUS does not request a response. This is an IFP case and a waiver of response had been filed. Now that SCOTUS has requested a response this case is off the “dead list.”
I maintain a tabbed page at my website for this case and will update it with the response (brief in opposition) and the reply to the response when I get them, as well as any Amicus briefs which are filed -> http://blog.californiarighttocarry.org/?page_id=3479