NJ Attorney General Opposes Supreme Court Review Of NJ Carry Law

Association of New Jersey Rifle & Pistol Clubs
Association of New Jersey Rifle & Pistol Clubs

Trenton, NJ –-(Ammoland.com)- Recently 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 ANJRPC and the Seattle-based 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.

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.

About Association of New Jersey Rifle & Pistol Clubs:The Association of New Jersey Rifle and Pistol Clubs, Inc. is the official NRA State Association in New Jersey. Our mission is to implement all of the programs and activities at the state level that the NRA does at the national level. This mission includes the following: To support and defend the constitutional rights of the people to keep and bear arms. To take immediate action against any legislation at the local, state and federal level that would infringe upon these rights. Visit: www.anjrpc.org

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Citizens do not have to show a ‘need’ to exercise the First or any other Amendments to our Constitution, so what is the Acting AG afraid of?

Let it play out in the NJ Supreme Court,
again, what is he afraid of, losing perhaps?

Vom Brunhaus

Print, Name him his last name is Hoffman and hes an ACTING NJ Attny. General. whos he listening to Democrats? Write Christie about him.

VT Patriot

Unfortunately, many of the subjects (formerly citizens) of the state can’t apply for the permit because of their failure to show a violent attack on them in the past.
They’re dead.

vom Brunhaus

Be thinking here folks, isnt this Attorney General one of Christies Boys ?


The NJ acting Attorney General states, in his defense of New Jersey’s draconian statutes that require “justifiable need” as a prerequisite for a carry license (which No NJ residents seem to be able to prove when applying for said license), that their scheme to deny each and every license to carry is a “Presumptively lawful longstanding regulation that does not burden conduct within the scope of the 2nd Amendment”. Really? So, just because you have blatantly violated the Constitution for many years, you will then presume your regulations that continue to deny a guaranteed civil right is presumed lawful? Since… Read more »