While the police finished murdering each other in southern California, and the President prepared “massive” proposals for the Congress, the case of Piszczatoski v. Maenza [now Drake v. Jerejian, 1/09/14] was argued before the U.S. Court of Appeals for the Third Circuit. With an en banc review of the decision in Moore v. Madigan looking unlikely, a victory in Piszczatoski would deepen the circuit split created by the loss in Kachalsky v. Cacace and thus make the conflicting jurisprudence even more difficult for the U.S. Supreme Court to avoid reviewing. Here is a summary of the major right-to-carry cases for those keeping score.
|Kachalsky v. Cacace||New York||Lost on appeal at USCA2.|
|Moore v. Madigan||Illinois||Won on appeal at USCA7.|
|Palmer v. D.C.||D.C.||Won at U.S. District Court.|
|Drake v. Jerejian||New Jersey||Lost on appeal at USCA3.|
|Peruta v. San Diego||California||Lost on rehearing at USCA9.|
|Richards v. Prieto||California||Lost on rehearing at USCA9.|
|Woollard v. Gallagher||Maryland||Lost on appeal at USCA4.|
There is a host of other right-to-arms cases that are working their way through the federal court system, but this is the vanguard litigation. A historical turning point is at hand, though some people can’t or won’t see the important civil-rights implications at work here. Few people need to carry guns, they argue, but then very few people needed to abort pregnancies … or to marry the spouses of their choice … or to ride at the front of the bus.