ABSTRACT

No Second Amendment Cases for the Supreme Court's 2014-2015 Term...Yet [October 23, 2014]   [open pdf - 57KB]

"As the Supreme Court begins its 2014-2015 Term, it appears that there will be no cases involving the Second Amendment on its docket. Commentators have observed that the Court appears to have become 'gun shy' regarding this issue, given that it has not taken up a Second Amendment case since its landmark rulings in District of Columbia v. Heller in 2008 and McDonald v. City of Chicago in 2010. During the summer, the Court denied review in at least two cases challenging state firearms laws. One would have questioned whether it is permissible under the Second Amendment for New York City to require residents to pay $340 for a three-year residential handgun license, which they are required to have under state law in order to lawfully possess a handgun. The second would have questioned whether it is permissible under the Second Amendment for New Jersey to require applicants wishing to obtain a license to carry a concealed handgun to show a 'justifiable need.' Had the Court granted review in either of these cases, it would have further fine-tuned the scope of the Second Amendment, which thus far protects an individual right to possess a firearm and the use of that firearm 'in defense of hearth and home.' Despite the lack of guidance from the Supreme Court, there has been much activity in the lower courts, with several notable decisions issued this summer."

Report Number:
CRS Legal Sidebar, October 23, 2014
Author:
Publisher:
Date:
2014-10-23
Copyright:
Public Domain
Retrieved From:
Federation of American Scientists: http://www.fas.org/sgp/crs/index.html
Format:
pdf
Media Type:
application/pdf
URL:
Help with citations