Assoc. of NJ Rifle & Pistol Clubs Weighs In on Major Right to Carry Case

by Scott Bach
Plus Several Other Right to Carry Updates! Association of New Jersey Rifle & Pistol Clubs Weighs In On Peruta V. San Diego.

New Jersey Enemy Line
Assoc. of NJ Rifle & Pistol Clubs Weighs In on Major Right to Carry Case
Association of New Jersey Rifle & Pistol Clubs
Association of New Jersey Rifle & Pistol Clubs

New Jersey – -(Ammoland.com)- Association of New Jersey Rifle & Pistol Clubs (ANJRPC ) has joined a friend of the court brief among several state firearms organizations in the next major right to carry case in line for possible consideration by the U.S. Supreme Court, Peruta v. San Diego. The brief supports the petition urging the Supreme Court to take up the case.

The Peruta case involves a challenge to San Diego County’s requirement that carry permit applicants demonstrate “good cause” before a carry permit will be issued, similar to New Jersey’s “justifiable need” standard. The infamous Ninth Circuit Court of Appeals has held that “there is no Second Amendment right for members of the general public to carry concealed firearms in public.”

“The right to bear arms necessarily includes self-defense with a firearm outside the home, no matter how brazenly the Ninth Circuit tries to re-write the Constitution” said ANJRPC Executive Director Scott Bach. “For many years, ANJRPC has led the fight to restore right to carry in New Jersey and we will spare no effort or expense to do so.”

Association of New Jersey Rifle & Pistol Clubs was a plaintiff in Drake v. Jerejian, one of the most well-crafted right to carry challenges in the U.S., which the Supreme Court ultimately declined to hear in 2014 after postponing its decision on whether to take up the case for several months.

Joining ANJRPC in this latest effort are gun rights organizations in the anti-gun states of New York, California, Massachusetts, Connecticut, and Maryland.

NJ Residents No Longer Need A Permit To Carry In NH!

Following ANJRPC’s major victory last year striking down New Hampshire’s requirement that non-resident carry permit applicants must have a carry permit from their home state, today the State of New Hampshire enacted SB12, full “constitutional carry,” enabling concealed carry without a permit by both residents and non-residents alike!

Although a permit is no longer required, it is anticipated that permits will still be available for those who desire them.

Since ANJRPC’s 2016 victory in Bach v. New Hampshire, Association of New Jersey Rifle & Pistol Clubs has been working with New Hampshire authorities to establish application procedures that comply with the State Supreme court decision, to ensure that New Jerseyans and residents of other anti-gun states would be able to qualify for the non-resident permit.

Anti Trump Judges of The Nutty 9th
Anti Trump Judges of The Nutty 9th

However, when we learned that SB12 was likely to be enacted and sweepingly change the law, we delayed the discussion so that procedures could be crafted to conform with SB12 rather than the old law.

For those who still desire to obtain a New Hampshire non-resident carry permit, Association of New Jersey Rifle & Pistol Clubs is now working to establish clear, proper procedures under the new law.

We will provide further updates as that process unfolds.

National Right To Carry Reciprocity

There has been great excitement and anticipation among gun owners over H.R. 38 since its introduction in the U.S. Congress earlier this year. It is one of the most aggressive and robust national right to carry reciprocity bills ever to be introduced in the U.S. If enacted, its practical effect would be to allow any law abiding citizen with any carry permit to carry anywhere in the country, with extremely limited exceptions.

Because the U.S. Senate is 8 votes short of a filibuster-proof majority, the bill cannot pass without bi-partisan support, and it is unknown at present whether there are sufficient votes to pass H.R. 38. Additionally, some legal scholars have expressed concern that H.R. 38 will face legal challenge because it arguably interferes with states’ rights to regulate their own citizens. For that reason, lesser alternatives to H.R. 38 (that would not have helped New Jersey residents carry in New Jersey) have moved in Congress in the past.

Association of New Jersey Rifle & Pistol Clubs fully supports H.R. 38 and is working to ensure that the legislation is passed in Congress and gets to President Trump’s desk.

The excitement over H.R. 38 has renewed interest among New Jersey gun owners in obtaining Florida and Utah non-resident carry permits. If H.R. 38 does move, a huge backlog of non-resident permit applications is anticipated as residents of a number of anti-gun states scramble to get their permits.

While there is no guarantee that H.R. 38 will move or pass, we think it’s a good idea to be prepared and secure your permit now. ANJRPC has brought back its Right to Carry Road Show permitting events at Cherry Ridge Range in an effort to accommodate renewed demand.

Right to Carry Road Show Flyer
Right to Carry Road Show Flyer

Our Courts Still Hate Non-Resident Cop Carry

When the Law Enforcement Officer’s Safety Act (LEOSA) was first passed in 2004, it allowed certain law enforcement officers to carry handguns across state lines throughout the U.S. At the time, the New Jersey attorney general announced that it would not honor the law and threatened to arrest non-resident officers carrying firearms in New Jersey.

Although the New Jersey attorney general has since reversed that position, apparently some New Jersey courts didn’t get the memo. Check out this recent decision of a New Jersey Appellate Division court denying LEOSA protection to an active-duty Marine Corps sergeant / military police officer from Virginia who was involved in a 2011 incident in New Jersey.

Even though amendments to LEOSA in 2013 clarified that military police are covered by the law, the court found that because the incident pre-dated the clarification, he was not protected by LEOSA. The decision turned on the hypertechnical distinction between military police officers having powers of “apprehension” rather than “arrest.”

Our Courts Still Hate Citizen Right To Carry

In a February 14 2017 decision, a U.S. District Court dealt a fatal blow dismissing a recent challenge to New Jersey’s carry laws as moot (because one plaintiff received a New Jersey carry permit after the case was filed), and for lack of standing (because another plaintiff withdrew his permit application altogether).

Brought by two out-of-state attorneys, the case was touted as a “cause celebre” and fundraising vehicle by other gun groups. ANJRPC, which independently challenged justifiable need in the earlier case Drake v. Jerejian and helped obtain executive action on New Jersey carry last year, declined to participate in the newer case because it viewed the lawsuit as improvidently conceived and timed.

Disturbingly, when one plaintiff was separately issued a carry permit after the case was filed, it was touted as a Second Amendment “victory” even though only one person benefitted and the permit grant was not based on any ruling in the case.

The case is a reminder of just how hostile the courts are to right to carry, and of the need for Second Amendment litigation to be timed and undertaken with great care and discipline.

 

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

Subscribe
Notify of
6 Comments
Inline Feedbacks
View all comments
Barry Hirsh
Barry Hirsh
3 years ago

Article IV Section 1 of the U.S. Constitution delegates plenary power to the Congress to mandate Full Faith and Credit honoring “the public Acts, Records and judicial Proceedings of every other state[.]”

PLENARY. POWER.

Since this is a delegated power of the Congress, the 10th Amendment doesn’t apply.

If the Congress passes, and the president signs, a national Full Faith and Credit reciprocity law, the asshole states of NJ, NY, MD, CA etc. will have NOTHING to say about it.

Fredy
Fredy
3 years ago
Reply to  Barry Hirsh

Then here’s to “a national Full Faith and Credit reciprocity law… from a citizen/shooter of the ahole state of New Joisey

My wife and I often ask, “So, tell me again why do we live here?” And, the answer is always the same: ’cause we live on the ‘World Class Jersey Shore’….for sure…:)

Inquisitor
Inquisitor
3 years ago

Support of Gun Rights at the Federal Level or Empty Promises to Get Votes? Donald Trump also promised, during the election, that the Republicans would advance 2nd Amendment Rights and as a result they received the votes of gun owners. Where is the follow-through of the promises made or were they just empty promises from an unstable wannabe dictator and his two right-wing extremist provocateurs to get votes? The longer this is delayed and the more autocratic this administration becomes, the less likely they will ever will fulfill those promises. The 2nd Amendment exists because our founding fathers believed no… Read more »

2nd Amender
2nd Amender
3 years ago
Reply to  Inquisitor

Why not wait until the Democraps allow the Trump Administration a FULL CABINET with which it can operate as an Executive Branch of the US government.
Then, my friend, authority can be delegated, priorities and issues sorted, and the job of being President can begin in earnest, for Mr. Trump!
Tying a man’s hand behind his back, then expecting him to fly like an eagle sounds more like a skit for Saturday night live!

Tionico
Tionico
3 years ago
Reply to  Inquisitor

I thought I read he issued an EO ending the stupid Social Security Gun Grab scheme the kinyun unloaded in hus last hurrah. I heard something about his doing the same thing for the Veterans who’ve been sold down the river on the same sorry excuse. And I”m convinced once he gets HIS people put into place he’ll get rolling a little faster,.

Charles Nichols
Charles Nichols
3 years ago

Concealed carry has never been a right under the Second Amendment, travelers while on a journey notwithstanding. By the way, the NRA argument before the three and eleven judge en banc panels was that states can ban concealed carry, or ban Open Carry, they can’t ban both. After losing before the en banc panel the NRA changed its tune and filed a Full Court petition which argued that states can, should and must ban Open Carry. That petition was denied without a single 9th circuit judge filing a dissent to the denial of the NRA’s Full Court petition. Not one… Read more »