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Second Amendment Foundation

Second Amendment Foundation

BELLEVUE, WA --(Ammoland.com)- The New Jersey Attorney General filed a brief in the Drake right to carry case, urging the U.S. Supreme Court not to take the case.

Drake is the pending federal challenge to New Jersey’s unconstitutional carry law, brought by the Association of New Jersey Rifle & Pistol Clubs (ANJRPC) and the Second Amendment Foundation (SAF), who have asked the Supreme Court to hear the case.

At the heart of the lawsuit is the idea that citizens should not have to prove “need” to exercise a fundamental Constitutional right. New Jersey’s “justifiable need” standard requires the applicant to provide evidence of prior attacks or threats before a carry permit is issued by a judge – a virtually impossible standard for most people to meet.

Though less extreme in its rhetoric than in earlier phases of the case, the Attorney General in the brief essentially defends New Jersey’s carry law and tells the Supreme Court there is no reason for it to hear the case:

“[T]he Second Amendment does not prohibit New Jersey from requiring applicants to demonstrate a justifiable need before granting a permit to publicly carry a handgun. The justifiable need standard in New Jersey’s Handgun Permit Law qualifies as a presumptively lawful, longstanding regulation that does not burden conduct within the scope of the Second Amendment’s guarantee… Petitioners have failed to demonstrate that the Third Circuit’s decision here presents a question that warrants this Court’s discretionary review.”

While it is not unusual for an attorney general to defend state law, it is unfortunate to see such a blatant violation of fundamental rights be given legitimacy by bureaucrats.

“The right to defend yourself with a firearm outside the home, otherwise known as right to carry, has long been disparaged and denied in the Garden State,” said ANJRPC Executive Director Scott Bach. “We intend to change that with this lawsuit.”

“This case is extremely important because it may have a national impact on gun rights in all 50 states,” said SAF Executive Vice President and founder Alan Gottlieb. “This suit is part of our effort to win firearms freedom one lawsuit at a time.”

The Supreme Court will likely decide whether it will take the Drake case between April and June. We will spare no effort or expense to restore right to carry in the Garden State and protect that right all across America.

The Second Amendment Foundation (www.saf.org) is the nation’s oldest and largest tax-exempt education, research, publishing and legal action group focusing on the Constitutional right and heritage to privately own and possess firearms. Founded in 1974, The Foundation has grown to more than 650,000 members and supporters and conducts many programs designed to better inform the public about the consequences of gun control.

  • 5 User comments to “NJ Attorney General Opposes Supreme Court Review Of NJ Gun Carry Law”

    1. It would have been nice to have posted a link to the brief in opposition.

      Here is the link to the brief in opposition, the summary brief and all of the Amicus briefs filed in the case -> http://blog.californiarighttocarry.org/?page_id=1530

      Gura’s response is due at the end of the month, presumably the 28th as the Federal docket still does not show the date the brief in opposition was filed. There is a mandatory 14 day wait from the filing of the brief in opposition before the case can be reviewed in conference.

    2. D. Murphy on March 19, 2014 at 5:02 AM said:

      Democratic thinking from a one party NE state.

    3. The Constitution says “Congress shall make no law…” it says the rest is supposedly left to the States or the people. Those who would incorporate the Constitution give the Fed’s ultimate control over our lives. If I don’t like NJ I can move away, but it is much more difficult to move away from a federal law. Will we be happy when it is a bad law? And likely a bad law backed up by Obummas appointees to the Supreme Court. Sadly, the big government lovers (both D’s and R’s) would like to pick and choose which parts of the constitution are incorporated. The first amendment is good,and good everywhere (except maybe the internet and Fox News), the 2nd, 10th, and 14th amendments, not so much. Abortion, medical care, government schools, marriage contracts, immigration and the Second Amendment are O.K. for the Feds to take over? Be careful what you wish for.

    4. legalman on March 19, 2014 at 6:35 PM said:

      If you can be murdered in public that in its self justifies the need to carry a tool that is nationally recognized by are military and law enforcement as the main tool of defense .

    5. Ask Dustin Friedland if he had justifiable need. Oh that’s right we can’t.
      He was murdered by four scumbags with guns.

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