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Battle New Jersey Gun Rights

New Jersey Supreme Court Dodges on Second Amendment Case

Evan Nappen

Evan Nappen

New Jersey Supreme Court Reverses Itself on Second Amendment Case

New Jersey - -( In the recent case of The Application for a New Jersey Permit to Carry a Handgun by Richard Pantano, the New Jersey Supreme Court agreed in July of 2013 to decide whether New Jersey’s statutory requirement of “justifiable need” to carry a handgun violates the Right to Keep and Bear Arms under the Second Amendment to the United States Constitution.

However, within the last few days (after the recent denial of Certiorari by the United States Supreme Court in the Drake decision, which upheld New Jersey’s notorious carry license system and the “justifiable need” standard in the Federal Courts), the New Jersey Supreme Court did an about-face.

The court issued an Order stating “This matter having been duly considered, and the Court having determined that Certification was improvidently granted; it is Ordered that the within appeal is dismissed.”

The NJ Supreme Court gave no further reasons or explanation for its dismissal. The Court thus avoided making its own decision on the interplay between the Second Amendment and New Jersey’s gun control scheme.

The New Jersey Supreme Court has not reviewed the Second Amendment for approximately 45 years, since it decided Burton v. Sills, when it ruled that the Federal Constitution’s Second Amendment Right to Keep and Bear Arms did NOT apply to New Jersey.

Subsequent United States Supreme Court decisions have shown that Burton decision was fundamentally flawed. In 2008, (in Heller v. District of Columbia), the United States Supreme Court ruled that the Second Amendment guarantees an individual right to keep and bear arms, and in 2010, (in McDonald v. Chicago), the US Supreme Court applied this right to the citizens of all the States.

The law firm of Evan F. Nappen Attorney at law, P.C. plans to take this case to the United States Supreme Court. The nation’s highest court will be asked to review New Jersey’s gun control scheme, and in particularly to address whether an individual needs to prove he or she suffers a “special danger” before being able to obtain a permit to possess a handgun in New Jersey.

Evan Nappen ( is a criminal defense attorney who has focused on New Jersey firearms and weapons law for over 23 years. He is the author of the New Jersey Gun Law Guide. Visit his website at

  • 10 User comments to “New Jersey Supreme Court Dodges on Second Amendment Case”

    1. Willie on May 28, 2014 at 5:45 PM said:

      I don’t understand how some parts of the U.S. the 2nd amendment does not apply!!

    2. tom carney on May 28, 2014 at 6:47 PM said:

      I don’t understand why the 15th amendment doesn’t force the liberties and rights recognized by the rest of the constitution upon recalcitrant venues? Isn’t that what it was supposed to do during reconstruction?
      I don’t understand why a valid interprestation of the constitution is one that states the constitution says what it doesn’t say and doesn’t say what it does say.

    3. Charlie on May 28, 2014 at 8:50 PM said:

      Mr. Stuart Rabner could not help himself. He is like our U.S. Supreme Court Trio of Elena Kagan, Ruth Bader Ginsburg, and Stephen G. Breyer. All members of the extreme left. They are ALL anti gun. They do not follow the Constitution. They “interpret” it. That means that it can say anything they want it to mean.

    4. Joe Seck on May 28, 2014 at 9:04 PM said:

      Continue with the efforts, time will tell the tale, with more laws and still no defined action…

    5. RE Hafner on May 29, 2014 at 9:07 AM said:

      The Constitution mean nothing to the present crop of black robed feces slinging liberal monkeys on the courts. To restore the Constitution the clowns need to be impeached, removed from the bench, tarred, feathered and rode out of town on a rail.

    6. brian winters on May 29, 2014 at 10:23 AM said:

      Nj gun owners ae fighting for scraps of freedom much of the nation takes for granted. Go 5 miles out of my way home to stop and see my grandson after having been shooting. a violation of law. Have an unloaded cased firearm in the back seat of my suv not in the rear a violation, i could go on but ou get the idea.

    7. Dr. Carl on May 29, 2014 at 8:45 PM said:

      The Constitution, and rule of law no longer exist in NJ, and much of these United States. The NJ Supreme Court couldn’t even be bothered to put on a “show trial”, knowing full well that they would rule against the Rights of the People. Keep it up, ruling elite….

    8. […] week John & Mike discuss the NJ Supreme Court dismissing the Pantano case, with no articulated reason.  Then we talk about an article by John Lott on Fox News which […]

    9. Pat Morganthaler on May 30, 2014 at 8:50 PM said:

      Where is the governor in all of this? If he thinks I’m voting for him in 2016 he’d better stand up for the second amendment.

    10. Maciek on June 3, 2014 at 2:20 PM said:

      When I apply to citizenship do I take Oath of Allegiance to the USA and its Constitution or to New Jersey and its policies.

      Maciek S
      Member of GFH

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