The case is Drake v. Filko. The third circuit has generally been terrible for the Second Amendment, and not really too surprising since although it’s major state is relatively pro-gun, the circuit judges are going to tend to be drawn from Philadelphia, and reside there.
Here, we conclude that the requirement that applicants demonstrate a “justifiable need” to publicly carry a handgun for self-defense qualifies as a “presumptively lawful,” “longstanding” regulation and therefore does not burden conduct within the scope of the Second Amendment’s guarantee.
Wow. Talk about lazy. Because that’s totally what Heller said. So there it is folks. There is no right to carry a firearm in the State of Pennsylvania, New Jersey or Delaware under the Second Amendment as far as our federal judicial overlords are concerned. Poof! Gone. Unless the Supreme Court steps in to fix it.
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