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By Brian Kelly in New Jersey

Letters to the AmmoLand Editor

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New Jersey --(Ammoland.com)-Picture a woman going to register to vote in New Jersey only to find the State has passed a law requiring her to undergo a background check, pay a fee, show proficiency in civics and, after meeting all those requirements, having to write a summary justifying her Need to vote.

Now, after attempting to justify her need to exercise her right (let that statement sink in) she is denied by a judge who has arbitrarily determined that she didn’t have an urgent need to vote.

That judge’s lover and the local police chief’s sister-in-law however have miraculously passed all the above hurtles and can freely exercise that right with gleeful abandon.

Too farfetched? How about in the aftermath of 911, New Jersey passes a law requiring anyone wishing to practice Islam must apply for an Islam permit and show ‘justifiable need’ to pray to Allah. The State justifies this by claiming a large amount of terrorists are Islamic and therefore the Islam Permits will only be issued to very few people in order to protect the public, after all they can’t have NJ turn into the Gaza Strip.

If you find these examples offensive, you should, as they clearly violate an American’s rights guaranteed in the Bill of Rights and no amount of fearful justification merits such infringement. Unfortunately that same, arbitrary, subjective standard applies to most New Jersian’s right to protect themselves and their loved ones in public with a firearm.

New Jersey’s ‘Justifiable Need’ requirement to obtain a carry permit is the self defense equivalent of ‘Separate but Equal’ Jim Crow laws.

In a recent Appeal (http://www.judiciary.state.nj.us/opinions/a3704-11.pdf) the judiciary continued to defend the reprehensible concept of ‘justifiable need’. “applicants for carry permits generally must show “‘an urgent necessity . . . for self-protection'” by pointing to “specific threats or previous attacks demonstrating a special danger to the applicant’s life that cannot be avoided by other means.” Preis, supra, 118 N.J. at 571 (quoting Siccardi, supra, 59 N.J. at A-3704-11T4 17 557).”

Think about that for a second. So in order to show you need to carry a weapon for self-defense, which is a basic human right, guaranteed by the constitution, you have to first suffer an attack. So in the case of the recent Short Hills Mall Shooting, now that the victim is dead at the hands of violent criminals, he might meet the ‘justifiable need’ which doesn’t do him or his grieving family any good now.

It is tantamount to the government claiming you have no justifiable need to carry an umbrella because it isn’t currently raining. Ask yourself why do we as law abiding citizens have to wait until we are raped, beaten and killed before the State can see fit to grant us a right to self-defense which is a basic human right dating back to caveman times?

The other justification sited for the clear infringement on our right to defend ourselves before we are crime statistics is unfounded fear, “And the demonstration of particularized need that serves to limit “widespread handgun possession in the streets, somewhat reminiscent of frontier days, would not be at all in the public interest.” Siccardi, supra, 59 N.J. at 558.”

This is completely proven false by the overwhelming data available from the 41 states that actually allow their citizens to carry concealed weapons, five of which are Constitutional Carry not requiring any separate permit.

They have not turned into the Wild West with people shooting each other over parking spaces. In fact, in every state that has enabled their citizens to protect themselves with a firearm violent crime has gone down across the board. Here in NJ, violent criminals know they have little to fear from their disarmed, helpless victims unlike the majority of the other States in the Union where a criminal cannot be sure their target is defenseless.

The bottom line is, we are on our own and responsible for the defense of ourselves and our loved ones. The Supreme Court ruled that individuals have no right to expect protection from the police. (Castle Rock v. Gonzales, No. 04-278). It was also held the Police do not have a duty to provide police services to individuals (Warren v. District of Columbia). We are on our own when the majority of violent crime occurs and we require the means by which to defend ourselves. You ask for ‘Justifiable Need’ and the answer is simple, self evident and at the core of our founding as a nation.

“We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness”.

If you are uncomfortable and wouldn’t dream of owning, let alone carrying a gun for protection that’s ok. Please, don’t deny law abiding citizens, like myself, the right a large majority of States already afford their citizens. My ability to carry is not only my best chance to protect myself and my loved ones; it could also save you and yours. In conclusion I leave you with the words of Thomas Paine from Thoughts On Defensive War,

“[A]rms discourage and keep the invader and plunderer in awe, and preserve order in the world as well as property. . . Horrid mischief would ensue were the law-abiding deprived of the use of them.”

  • 17 User comments to “Justifiable Need – New Jersey Courts Rule You Have None”

    1. I’m confident in saying that the Governor of NJ is fully supportive of this ruling on “Justifiable Need”, and will ride this all the way to the White House./s

    2. Excellent points, all of which I agree with. I would like to reach out to our NJ citizens who do not own firearms and have no desire to do so. You may not believe this infringement of our God-given rights affects you. I would encourage you to look into states where the right to keep and bear arms has not been infringed. For example, Florida saw a precipitous decline in the crime rate once carry permits were widely granted. Why? Suddenly criminals knew that ANY law-abiding, would-be victim could be armed and able to defend himself or herself. This benefitted ALL Florida citizens–not just the ones who actually carried. By contrast, take a look at Chicago where the right to carry has been withheld in the past. Has this really made anyone safer? Well, yes it has. It has, in fact, made the criminal element really safe. When one right is infringed upon, it doesn’t take long before the others will follow. Please give it some thought.

    3. Apparently New Jersey is just another suburb of New York City.

    4. Ken Spurgeon on December 31, 2013 at 3:53 PM said:

      When the toilets flush in New York the waste ends up in New Jersey. Both places are strictly waste management sites. All citizens who hold the Constitution dear should boycott these states at all costs! In my mind the United States ends at the Pennsylvania state border.

    5. Howard Scho on December 31, 2013 at 4:21 PM said:

      This should be mandatory reading for ALL elected officials in New Jersey AND they should be required to comment on it.

    6. Please get involved, be heard, have a collect voice and follow http://www.NJ2AS.com NJ 2nd Amendment Society.
      The gov only does what we allow them to do.

    7. Although NJ Statutes require “justifiable need” it’s the administrative code – under the authority of the AG and Governor’s office that makes the burden of justifiable need insurmountable. Governor Christie has the authority and power to change this and allow NJ residents to exercise their rights. We’re hopeful that he will do so.

    8. You just don’t seem to get it. When you elect elitists, you should not be surprised that they act like elitists. Ignorant and uncaring legislators, police chiefs and governors, no matter what they tell you, don’t really give a s__t about you, only themselves. Your rights are what they tell you they are.

    9. Gov. Christie? Another member of that liberal elite club in Das Kapital. The belief that he will defend the rights of his subjects is like (example deleted). Free speech is not free anymore either. Get over it. When such behavior on the part of the government occurs in one state, like N.Y., Maryland, Connecticut, etc, one can rest assured that the government will eventually bring it to you as well. Soon all the states will be authoring books similar to “Mein Kampf”.

    10. charles michel on January 1, 2014 at 9:34 AM said:

      as herb said “Your rights are what they tell you they are .”
      this is what the government is telling you .
      i wonder where the line is ? at what point must we the people – do the civil disobedience that is required ?
      clearly the people of nj are having their rights taken away .
      hopefully people will wake up and see these “rulings ” effect everyone . we need people that respect the constitution in office .
      that all people may live free

    11. Mark Berg on January 1, 2014 at 11:16 AM said:

      Coming to a state near you soon. WAKE Registration leads to total confiscation.

    12. This is disgusting to any freedom loving patriot of this country. Remember, he who gives up liberty for security deserves NEITHER!!

    13. Inliberty on January 1, 2014 at 4:08 PM said:

      What can I say, except the people who support the Democrat and Republican party are the people to blame. Isn’t it time to support being an American.

    14. In every closetr in my house is a loaded shotgun with no rounds in the chamber. But at all my entry doors is a can of Flying insect killer which will blind an invader, kill a rat and even kill a snake, and I don’t need any kind of permit, STATE OR FEDERAL, to own.

    15. Gun owners nationwide had better WAKE UP! Because Gov “Twinkie ass” Christie wants to run for prez! And this shyt will be nationwide then! The ppl of NJ voted for that Fat Ass idiot and they got their rights taken away! If they love him so much than keep him RIGHT IN NJ !! And people who like their guns & wanna keep them should start a petition against that guy! Same with ALL THE STATES THAT CORN HOLED IS CITIZENS! ALL PRO GUN PEOPLE NEED TO BAN TOGETHER BEFORE THESE FOOLS GET TO DC! like that Hag Feinstein from Cali! ( fine let them take their guns away ! Just like Bloomturd in NY and the Gov ! Ppl voted for these idiots then bitch after the get screwed ! I didnt vote for ANY OF THEM! THEY ARENT FROM MY STATE SO KEEP THEM IN YOUR STATE! If Gov Christie screwed his NJ citizens what do you think he would to to the USA!’& hopefully Feinstein will die soon because it would be that witchs wet dream to ban our guns ! People had better wake the FRACK UP AND TAKE A LOOK AT WHOS HEING ELECTED!’BECAUSE I DONT WANT SOME JACK ASS FROM ANOTHER STATE TAKING MY RIGHTS AWAY! Just like that lyingbSOB in the White house! ? We need to pass the word! Show how infringing& anti gun these people are who intend to run for the next Prez Election!! Or say goodbye to ur guns because demorats, Libretards & crusaders arent done! And they are EXCELLENT LIARS AND TRUTH MANIPULATORS I/E THE CRAP MAIG PULLED! WAKE UP PEOPLE!! PLEASE

    16. ew Jersey –(Ammoland.com)-Picture a woman going to register to vote in New Jersey only to find the State has passed a law requiring her to undergo a background check, pay a fee, show proficiency in civics and, after meeting all those requirements, If these were laws we probably wouldn’t be in this mess

      Read more: http://www.ammoland.com/2013/12/justifiable-need-new-jersey-courts-rule-you-have-none/#ixzz2pFrSwsw7
      Under Creative Commons License: Attribution
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