NJ Supreme Court to Hear 2A Case on ‘Justifiable Need’, NJ’s Excuse for Denying All Concealed Carry Permits

AmmoLand Gun News
AmmoLand Gun News

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: http://www.judiciary.state.nj.us/calendars/sc_appeal.htm

 

  • 18 thoughts on “NJ Supreme Court to Hear 2A Case on ‘Justifiable Need’, NJ’s Excuse for Denying All Concealed Carry Permits

    1. Way back when, the State of New Jersey would have been required to ratify the U.S. Constitution as did the other existing states at the time. That Constitution included the Bill of Rights, which as we all know includes the Second Amendment. Therefore, how can the State of New Jersey declare the Right to Keep and Bear Arm as not pertaining to its citizens?

    2. This is utterly ridiculous. The 2nd amendment clearly states he has a right to bear arms. The judge and everyone else who denied him this right should be arrested and charged with 18 USC 241 because they are clearly conspiring to oppress a right given to him by the U.S. Constitution. Unfortunately our failure of a supreme court refused to hear similar cases even though the 2nd amendment was adopted in 1791. Over 200 years and the supreme court won’t protect a citizens right to bear arms outside of the home. This is why I hate liberals. They do not follow the law or constitution. I get it that they dont like guns but at least be honorable and follow the law and get enough votes to amend the constitution. Is it to much to ask to respect and stop fragrantly violating the supreme law of the land?

    3. You can throw all the lawsuits you want at dez Joisey bums. They’ll never falter. They will find an excuse for keeping in place what’s been since the turn of the century. The Guv, AG, Super. of NJSP, county sheriff’s, and 545(?) chiefs of police are all against an armed citizen. They know what’s best for NJ’s citizens, their little fiefdoms. Don’t look now but New Jersey has morphed into another New York City. And we are #3 on the list for following in the footsteps of Detroit.

    4. I have the right to bear arms as outlined by the Bill of Rights. I will use my right regardless of any illegal laws the State of NJ passes. I’d rather be judged by twelve than carried by six… or be part of the six carrying a family member or friend.

    5. The justifiable need , is a joke .
      The citizen has the right . The government needs to have a justifiable reason to deny this right from a citizen .
      Lets see what lie they come up with to justify this travesty of the people’s rights

    6. The politicians don’t have any more need for concealed carry than a civilian does. Hard working civilians are out shopping, going to the bank or ATM, etc… Where do these politicians get off thinking their lives are more important than ours! This do as I say, not as I do mentality, has gotta go…

    7. Johnny, the Constitution was put into effect in 1788 and NJ ratified it in 1787.

      The Bill of Rights were proposed as amendments by Congress in 1789, passed by 3/4 of the states and in effect in 1791.

      That’s not to say I don’t think you’re right: NJ has to abide by the BoR and recent higher court decisions have made eventual victory much more possible than they were before.

    8. You know, it’s a real smart move to allow the politicians to have concealed carry. Of course, if they didn’t work so hard to remove OUR rights, they wouldn’t need them!!!

    9. “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.”
      Sorry, incorrect. Hawaii is also in the same boat. In the past 12 years that records have been kept on the issue, only 3 concealed carry permits have been issued, period! I bet NJ had more permits issued than Hawaii. Currently a lawsuit, Baker v. Kealoha, being appealed in the 9th Circuit, is pending a decision on a denied concealed carry permit.

    10. The problem with seeking a concealed carry permit is the US Supreme Court said that Open Carry is the right guaranteed by the Constitution and that state can ban concealed carry.

      Even in the 7th Circuit where judge Posner struck down Illinois’ ban on both Open and concealed carry he said that Illinois could prohibit concealed carry as per the Heller decision.

      The US Supreme Court has turned down ever concealed carry appeal. It is unrealistic to believe that the New Jersey Supreme Court is going to discover a Second Amendment right to concealed carry when there have been two US Supreme Court decisions saying there isn’t a right to carry weapons concealed.

      “Like most rights, the right secured by the Second Amendment is not unlimited. From Blackstone through the 19th-century cases, commentators and courts routinely explained that the right was not a right to keep and carry any weapon whatsoever in any manner whatsoever and for whatever purpose…For example, the majority of the 19th-century courts to consider the question held that prohibitions on carrying concealed weapons were lawful under the Second Amendment or state analogues. See, e.g., State v. Chandler, 5 La. Ann., at 489-490; Nunn v. State, 1 Ga., at 251.”

    11. @Charles 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”

    12. 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.

    13. 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.

    14. 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 luck Mr. Nappen.

    15. 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

    16. 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

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