New Jersey Supreme Court Dodges on Second Amendment Case

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

  • 11 thoughts on “New Jersey Supreme Court Dodges on Second Amendment Case

    1. Because state laws like those in NJ are clearly unconstitutional and criminalize lawful behavior, they are themselves illegal. In that respect states with such laws are actually OUTLAW states. With the hordes of invaders arriving here daily, which by reliable accounts includes many thousands of violent felons and Islamic terrorists, I’m no longer willing to reside in a state where I am forced to either walk around unarmed or be treated as a felon, while certain “special” classes of citizens are permitted to protect themselves. I was raised in rural Dade County FL in land bordering the Everglades, and owned my first firearm at 13. Although my formal firearms training was at Miami Military Academy, I’ve always been able to “drive tacks” with any handgun or rifle I own. These days, I spend hours daily in a synagogue where any casual terrorist could murder a hundred people as quickly as he could change clips – (I know, “workplace violence”) – while I, who can prevent this, could only stand and watch – and probably, also die. It’s a bitter irony that, in a state where tens of thousands of unproductive miscreants run around armed to the teeth and creating mayhem, productive, law-abiding citizens like me are prohibited from defending themselves. I’m in the process of selling my rental properties, will sell my primary residence, and will be moving to Texas – a law abiding state.

    2. 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

    3. 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.

    4. 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….

    5. 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.

    6. 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.

    7. 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.

    8. 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.

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