NJ Supremes to hear "justifiable need."

Discussion in 'New Jersey Gun Forum' started by Jpyle, Jul 23, 2013.

  1. Jpyle

    Jpyle New Member

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    I received a call this afternoon from noted gun-ownership-rights attorney Evan Nappen. Many of you may know Evan as the author of the New Jersey Gun Law Guide. Evan called to let me know that the NJ Supreme Court has agreed to hear an appeal of his case involving the denial of an application for a New Jersey permit to carry a handgun, submitted by his client Richard Pantano.

    The question before the court is "Does the statutory requirement that an applicant for a permit to carry a handgun demonstrate “a justifiable need to carry a handgun,” N.J.S.A. 2C:58-4(d), violate the right to bear arms under the Second Amendment to the United States Constitution"?

    Certification that this case will be heard was granted 7/19/13. The significance of this certification is that it is the first time in 45 years (since Burton v. Sills) that the NJ Supreme Court has agreed to consider an argument based upon the relevance of Second Amendment to gun ownership rights in New Jersey.

    Even though this same question is being considered at the federal level by the third circuit court of appeals in the case originally involving plaintiffs Jeffrey M. Muller, Daniel J. PiszczatoskiI, John M. Drake, Gregory C. Gallaher, Lenny S. Salerno, Finley Fenton, Second Amendment Foundation, Inc. and the Association of New Jersey Rifle & Pistol Clubs, Inc., the outcome is extremely important with regard to future challenges based on this type of challenge within the borders of New Jersey.

    If this challenge is successful, it will set the precedent that the Second Amendment to the Constitution of the United States is indeed a valid argument against New Jersey's overly restrictive firearms statutes. The ultimate question in this case is why should an individual be required to demonstrate a "need" in order to exercise a fundamental right?

    Frank Jack Fiamingo, President NJ2AS
     
  2. kbd512

    kbd512 Well-Known Member Lifetime Supporter

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    Maybe the federales can draft a bill of needs and wants.
     

  3. arashid630

    arashid630 New Member

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    About time... I can't wait to see the outcome... Please keep us posted on this
     
  4. vincent

    vincent New Member

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    Like the show 'Jeopardy', the answer is usually in the question...

    The clear and simple answer is an emphatic 'YES'

    I really want to get a glance at this 'Bill of Needs' they always speak of...:rolleyes:
     
  5. MisterMcCool

    MisterMcCool Well-Known Member Supporter

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    Please PM me if they need a witness. I am not an expert on Constitutional law, or New Jersey law, or gun laws in general; but I am an a-hole and I would love the opportunity to be questioned by The State and give a reasonable, simplistic interpretation of "the right of the people to keep and bear arms shall not be infringed."
     
  6. howellgunworks

    howellgunworks New Member

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    Hoping for a positive outcome. Keep us posted and if you haven't already done so I suggest all followers from NJ join the NJ second amendment society.
     
  7. Jpyle

    Jpyle New Member

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    And please, everybody regardless of where you live if you are on Twitter let Christie @GovChristie know his plans for a Presidential run are DOA unless he vetoes all the gun bills on his desk. Pls use hashtags #NJ2AS #NewNJGunLaws

    Thanks for your support.
     
  8. gunsmoke11

    gunsmoke11 New Member

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    Shouldn't get too excited. Remember that after all this is Jersey.