Trenton, NJ –-(Ammoland.com)- For the first time in 45 years the New Jersey Supreme Court has granted a hearing related to Second Amendment rights, on the case of Richard Pantano, owner of a NJ Landscape Supply Business that handles as much as $2,000,000 in cash a year.
Richard was denied a rarely seen, exclusive to ‘Only Ones’ – NJ Concealed Carry License, by the lower courts on the claim that he did not have sufficient “Justifiable Need”.
Richard Pantano’s appeal stems from the trial court’s October 31, 2011 denial of his application for a permit to carry a firearm under N.J.S.A. 2C:58–4.
The Manalapan Township Police Chief had approved Pantano’s application in December 2010 and the State appealed. In a written opinion, Judge Francis P. DeStefano concluded after a testimonial hearing that Pantano had not demonstrated “a justifiable need to carry a handgun.” N.J.S.A. 2C:58–4(d).
Pantano asserts the court erred in finding no justifiable need, and, in the alternative, he argues the justifiable need requirement infringes his right to bear arms under the Second Amendment. U.S. Constitution, amendment. II.
Although Concealed Carry Laws are on the books in New Jersey, judges and police chiefs have almost unanimously declined concealed carry permits to everyone but, other police, judges, politicians and famous friends of the aforementioned Effectively New Jersey does not have Concealed Carry, and contrary to mainstream media reports, is still the only state in the USA where its citizens can not defend themselves outside their homes.
Supporters of concealed carry rights in NJ are looking forward to their day in Court even if it only leads to a further appeal to higher courts.
Pantano is represent by Evan Nappen, better known as “NJ’s Gun Lawyer” as he literally wrote the book on New Jersey Gun Laws.
New Jersey Supreme Court Docket: https://www.judiciary.state.nj.us/calendars/sc_appeal.htm
There was something I read that stated in1968 New Jersey moved to negate the second amendment and made it such,that ONLY organized militia is warranted to carry…hopefully someone knows the details of this..I would thing this would be all that’s needed to deny him again…unfortunately
Mr Nappen will be on the radio THURSDAY night August 8th at 9PM.
He will be talking about this case and taking calls!
WOND 1400 am
1400am.com
Let’s not get too nutty here. We are in New Jersey, not South Carolina. That said, there are plenty of people in this State who carry. They, however, are unlicensed and in all likelihood up to no good. That begs the question, what about the good guys/gals? So we not only get knocked on the head but by a guy/gal with a gun. Justifiable need means “yes” if it means you could be a target–out late, lots of money, doing legit things in bad neighborhoods. Justifiable need does not mean “no”. The record of our courts has been wrong. Good… Read more »
I have no hope that the NJ Supreme Court will rule in favor of the Constitution. The corruption in NJ is too extensive. If you wish to exercise your right to “bear arms”, your best alternative is to leave the state.
NJ is a Communist Democrat controlled State period. It will take many more Lawsuits besides Mr Nappens to make any gains. Worst roads, highest taxes, most congestion, horrible firearm Laws, and you could go on. People are rushing to get outa NJ many 4Sale signs. If Zimmerman lived in NJ he would be deceased now, if he lived he would be in prison.
@Chuck Nichols, you are missing the point, this lawsuit is not about “concealed carry”, it is about “justifiable need”.
Can the state deny you getting a CCW based on the level of need you can demonstrate, the other opening is NJ bans Open Carry, so to your point they must allow one or the other so that you can use your right to “bear arms”