Evan Nappen To Bring ‘Justifiable Need’ Case To NJ Supreme Court

By Frank Jack Fiamingo

New Jersey Second Amendment Society
New Jersey Second Amendment Society

New Jersey –-(Ammoland.com)- I received a call yesterday afternoon from noted gun-ownership-rights attorney Evan Nappen.

Many of you may know Evan as the author of the New Jersey Gun Law Guide. Evan called to let me know that the NJ Supreme Court has agreed to hear an appeal of his case involving the denial of an application for a New Jersey permit to carry a handgun, submitted by his client Richard Pantano.

The question before the court is:

“Does the statutory requirement that an applicant for a permit to carry a handgun demonstrate “a justifiable need to carry a handgun,” N.J.S.A. 2C:58-4(d), violate the right to bear arms under the Second Amendment to the United States Constitution”?

Certification that this case will be heard was granted 7/19/13. The significance of this certification is that it is the first time in 45 years (since Burton v. Sills) that the NJ Supreme Court has agreed to consider an argument based upon the relevance of Second Amendment to gun ownership rights in New Jersey.

Even though this same question is being considered at the federal level by the third circuit court of appeals in the case originally involving plaintiffs Jeffrey M. Muller, Daniel J. PiszczatoskiI, John M. Drake, Gregory C. Gallaher, Lenny S. Salerno, Finley Fenton, Second Amendment Foundation, Inc. and the Association of New Jersey Rifle & Pistol Clubs, Inc., the outcome is extremely important with regard to future challenges based on this type of challenge within the borders of New Jersey.

If this challenge is successful, it will set the precedent that the Second Amendment to the Constitution of the United States is indeed a valid argument against New Jersey’s overly restrictive firearms statutes.

The ultimate question in this case is why should an individual be required to demonstrate a “need” in order to exercise a fundamental, constitutional, right, here in New Jersey?

About:
New Jersey Second Amendment Society – Our mission is to promote the free exercise of Second Amendment rights within the community and Legislature of New Jersey, to educate the community regarding the enjoyable, safe, and responsible use of firearms, and to engender a sense of camaraderie and fellowship among the members and their families. Visit: www.nj2as.com

2 Comments
Most Voted
Newest Oldest
Inline Feedbacks
View all comments
Jamie

A right is not a privelage.

Mike

N.J. Gun Laws are Communist. N.J. is a Demoncrat controlled State. All passed gun laws only terrorize legal gun owners, nothing for criminals. Every Firearm Assoc. from the NRA on downward should be filing Lawsuits against NJ. Keep them in Court evertime possible, and break them down financially. See what Christie does with Sweeneys crap on his desk.