Challenge to NJ’s May Issue Handgun Rule Filed with Supreme Court

Now Filed With The Supreme Court of The United States
Opinion By John Petrolino

Mark Cheeseman Speaks at a recent Trenton, NJ Rights Rally
Mark Cheeseman Speaks at a recent Trenton, NJ Rights Rally

Glassboro, NJ –  -(AmmoLand.com)- Through a series of events that were not necessarily unpredictable, another case challenging the Right to Keep and Bear arms in New Jersey has been denied review. Cheeseman v Pollillo is one of the latest cases that has worked its way through the system, only to be denied review by the New Jersey Supreme Court.

The section of the Second Amendment that is being infringed on in the argument is the Bear Arms…as in to have on one’s person or simply put “carry.” Outside the home…In the Heller case, Justice Scalia did state in the majority opinion: “At the time of the founding, as now, to ‘bear’ meant to ‘carry.’”

If this has been settled case law, why is it that there are still so many injury claims on this subject? Many cases have come before Cheeseman, some in New Jersey and in other areas of the country, all trying to do the same thing, prove that citizens do have an absolute right under the Second Amendment to not only keep, own and have in their home, but also to bear outside the home arms (including weapons of all types). Many of these lawsuits have revolved around jurisdictions known as “may issue.”

A may issue jurisdiction or state is one that may, or may not, issue a permit for the carry of a firearm outside of the home. The discretion lies with a person or person(s) making the decision. These may issue states have clauses in their statutes and or code asking for good cause or in New Jersey’s case “justifiable need.” The applicant has to prove that they have a proper purpose and need to carry outside of the home.

May Issue [read may not issue]

Cheeseman started this process years ago. He was not happy with the state of affairs where he was living and felt the area was going south, as in not safe anymore. The police do not have a duty to protect citizens under numerous case laws in The United States. Cheeseman was on his own…Not knowing much about this whole area of law, he naively applied for a permit to carry a firearm in the state of New Jersey and was naturally denied. Why was he denied?

Lack of justifiable need.

It was a judge’s opinion that Cheeseman’s desire to protect himself and his family outside of his home was not a good enough reason to be issued a permit and that general “public safety” outweighed his need to be armed.

Not being able to carry a gun for self-defense, Cheeseman looked at other effective ways to arm himself in the Garden State. At the end of the day, all a citizen is legally allowed to carry for self-defense, at that time at least, was three-quarters of one ounce of pepper spray, aka mace. Normal, law abiding citizens, it is the state’s stance and opinion, that your life is only worth being protected by three-quarter’s of an ounce of pepper spray. What about Tasers and stun-guns? At that time banned.

After events involving a case, yet to even be fully resolved in Massachusetts, a window of opportunity opened. The Supreme Court of the United States heard a case, Caetano v Massachusetts. The decision there was not a clear-cut abolishment of electronic weapons bans throughout the entire country. Instead, there was an order to the lower court that the re-hear the case under the fact that electronic weapons are protected by the Second Amendment, even though the founders could never have imagined them. Massachusetts remains in limbo (a whole other crime) to this day, but this laid the foundation for change in the country.

Statutes, codes and ordnances were challenged through The United States that banned electronic weapons. The fact was out and spreading that just because a weapon was never imagined by the founding fathers, does not mean it is not constitutionally protected. Teaming up with The New Jersey Second Amendment Society (NJ2AS), Cheeseman acted to make this change in New Jersey. New Jersey Second Amendment Society v Porrino was deemed unable to be defended by Porrino, as the Constitutionality of bearing and keeping electronic arms was evident. That lifted the ban on stun guns and Tasers in the state of New Jersey…thanks to the staff of NJ2AS, Cheeseman and their attorney, Stephen Stamboulieh.

A tale of two cases….To continue to fight for the people of New Jersey and help overthrow the draconian laws of justifiable need, Cheeseman teamed up with another person claiming injury, John Jillard. A team was created consisting of Cheeseman, Jillard, Jay Factor (a Second Amendment Historian and Scholar from Monmouth County), attorney David D. Jensen, and others to combat the infringements. It was decided that the Cheeseman and Jillard cases would proceed separately, for strategic reasons.

What made Cheeseman and Jillard different than the cases that came before him: Drake, Pantano, Peruta, et.al. Cheeseman’s second go at obtaining a permit to carry in the Garden State was not challenging the statute but challenging the definition of justifiable need. In their arguments, the injury claim is one that revolves around the formerly cited Heller case. In Heller, it was stated that when concerning a Constitutional Right, something called interest balancing cannot be done. What does that mean? That means that a right cannot be granted to individuals on a case by case basis. To fulfill the justifiable need statute, the original definition was such that “all lawful purposes” would meet this requirement. Not the case in New Jersey.
Since starting this journey, several cases have seen movement in the Supreme Court of the United States, other states and New Jersey….

The Supreme Court of New Jersey denied review of the Cheeseman case…On June 27, 2019 Mark Cheeseman v John Pollillo, Chief of Glassboro Police Department has been filed with the Supreme Court of the United States. Cheeseman is coming to the high court after the Rogers case (another New Jersey Carry case, sitting in conference limbo) and New York State Rifle and Pistol Club v The City of New York (a case granted cert specifically dealing with the transport of firearms outside of the home).

From Cheeseman’s prayer for relief:

“New Jersey’s ‘need’ standard is an ideal subject for review by this Court because the standard is firmly entrenched in New Jersey law and is not realistically subject to change. Moreover, this Petition was fully litigated in the courts below, and the Supreme Court of New Jersey has just declined Petitioner’s petition for certification. And again, there are no interest groups or other organizations running this case—just an average private citizen, who turned to crowdfunding from other private citizens in this attempt to vindicate his (and their) constitutional rights.”

It is a long road to travel. Cheeseman’s injury claim can become mooted from decisions in the Supreme Court of the United States or even New Jersey’s Supreme Court. Cheeseman can be denied to be heard. Many battles have been fought in this fight against unconstitutional laws and schemes. What is apparent is this fight is not going to go away and states like New Jersey, California and Maryland and cities like New York need to pay attention. Their practices of using an interest balance concerning rights has already been declared to be unconstitutional in Heller. How would the justices view the Cheeseman argument in this light? What leg does the Garden State have to stand on? If you ask Cheeseman about his case, he’d be okay with it being invalidated prematurely “…I’m doing this for the rights of the people in New Jersey. I’m not doing this so just I can have a carry permit. If another case succeeds to make carry the law of the land, all the better.”

States with Draconian practices, you are on notice…there is a concerted effort, with many people and organizations that are, and will continue to fight illegal laws.

It is clear that many are working at the same time for a common goal…defense of the right of the people, to keep and bear arms.


BIO – John Petrolino is an NRA certified pistol, rifle and shotgun instructor.  He lives under the bondage of New Jersey’s gun laws and hopes for his people’s deliverance.

47
Leave a Reply

Please Login to comment
8 Comment threads
39 Thread replies
1 Followers
 
Most reacted comment
Hottest comment thread
22 Comment authors
JoeUSoonerUSAPeteRotaryConnectedLord-Pi-314 Recent comment authors
  Subscribe  
Notify of
Pete
Guest
Pete

If Electronic weapons are protected, even though the Founders could never have imagined them, would the fact that they not only imagined but sought repeating firearms be protection of semi automatic firearms?

Marc Becker
Guest
Marc Becker

Help support this monumental effort.
https://www.gofundme.com/restore-carry-nj

USA
Guest
USA

Right to bear arms if you buy a permit which is reduction of right to leased privilege because you’re still submitting to the same tyranny you’re attempting to defeat. NGO NRA trained you dummy’s well to infringe upon your own rights. Who needs the state when you are your own worst enemy. Good bootlicking slavery is hard to break free of due to its difficult to free idiots from the chains they do revere.

L. Solomon
Guest
L. Solomon

You and your kind are the idiots. Good luck trying to protect yourself and family against hardened criminals with guns using sweet talk on the street and pillows in the middle of the night. And don’t bother calling the police. They carry those awful guns and might have to save your wimpy ass.

USA
Guest
USA

No police within 63 miles of here to call. Statement is concerning demanding unlawful gun laws while fighting unlawful gun laws. Perhaps you can explain how this makes pro gun sense since you’re the rocket scientist because you’re starting to sound like a cop with those little boy lover pedo signs on your badge that there are pictures of on the internet.

Wild Bill
Guest
Wild Bill

@L.S. You are no Solomon! You and your kind are awful lame.

L Solomon
Guest
L Solomon

Good luck defending yourself from hardened criminals with guns using sweet talk on the street and nice soft pillows I’m the middle of the night. I prefer to remain among the idiots with a gun as you call us.

USA
Guest
USA

I agree so I’ll exclude you from my statement and allow you in my foxhole on that day. We gotta stick together. My Muslim neighbor that got here to America recently says they taught him down at the Mosque to carry a gun telling him it is his right and no they don’t push permits because rights don’t require them. Americans are far too busy demanding unconstitutional gun laws while saying they are fighting them. Permits are for one thing only, confiscation and that’s why permits were UN mandated prior to Trump unsigning the UN treaty. Permits are required by… Read more »

Denny Crane
Guest
Denny Crane

A permit requirement for self defense is unlawful and contradicts my religion of the right to defend my life without purchasing the right from anybody but Hitler would disagree. He required Jews to get permits before he confiscated so to want permits is just plain stupid. Should go on USSC rulings that permit requirements to excerise rights is unconstitutional. Trump says don’t worry about gun laws carry regardless if you need to that criminals don’t obey them.

Henry
Guest
Henry

When and where did Trump say that, exactly? Because I don’t remember it.
I do remember Trump saying “I like taking the guns early… Take the guns first, go through due process second.”
I remember him saying, “This morning, we also completed the process to issue a new regulation banning bump stocks.”
And I’m pretty sure I remember him saying, “Your Second Amendment rights are under siege, but they will never, ever be under siege as long as I am your president”… but it’s entirely possible I may have dreamt that.
But I don’t remember him advising squat about carrying guns without licenses.

USA
Guest
USA

Trump said if gun laws get in the way of a person being armed for self defense then don’t obey them because criminals don’t obey them on Piers Morgan show. Same show where he said he didn’t like suppressors. Obviously if the President says gun laws infringe on people’s right to protect themselves so don’t obey them then obviously the President is making a statement but taken from a guy who endorses stop and frisk for guns one can easily assertain he is playing the field for the suckers that they are.

Denny Crane
Guest
Denny Crane

Or there are things at work not so readily detectable going on but you didn’t hear this from me.

Glyn Daniels
Guest
Glyn Daniels

It was set forth by our forefathers to have the right to own and bear arms against a tyrranical government. It doesn’t get anymore tyrranical than the Democrats in office that have sworn that, if elected into the WH they would take away our guns. I assure you they will fail! The American people will not be infringed upon by such people.

Ron
Guest
Ron

I don’t own guns to protect myself and loved ones from my neighbors, necessarily, but from a tyrannical government. That is what the 2nd amendment is about and with Trump in the WH I’m more concerned than ever.

Horatio Hornblower
Guest
Horatio Hornblower

Tyrannical Republican evangelicals

m.
Guest
m.

BIOOYMFA, commie

Wild Bill
Guest
Wild Bill

@m. he is a “horn” blower, alright. Those practical minded voters and evangelicals are really something to be afraid of. China using every dollar of profit to improve their military. Twenty- five democrat national socialists running for president. A huge corrupt bureaucracy. Antifa fascists take over the streets with mayoral support. Millions of disease carrying illegal aliens flooding into our country. But Whoreratio the “Horn” blower is afraid of an evangelical.

Jonathan Lemaire
Guest
Jonathan Lemaire

I’m still amazed so many evangelicals still support the Antichrist!

JDF
Guest
JDF

I’m amazed at the number of non-Christians who ARE the anti-Christ.

Heed the Call-up
Guest
Heed the Call-up

JDF, there are quite a number of “Christians” that would fit your description, too, and I am not amazed, I’ve seen it all too often. I am an Atheist, but probably am more moral and ethical than most of your “Christians”. Religion only gives you a way to appease yourself from your sins and a way to make you believe repenting makes sinning okay. I don’t believe that. If you do bad things, you are a bad person, regardless of whether or not you “repent”, then go out and do those same things again. I believe in our rights as… Read more »

USA
Guest
USA

Revelation 17 States that you will be “astonished”.

L Solomon
Guest
L Solomon

Yeah. I can’t stand George Soros either.

USA
Guest
USA

Trump says leave him alone he’s an old man but yeah I can do without his old filthy ass.

Jonathan Lemaire
Guest
Jonathan Lemaire

If you hope to stand a chance against the government, make sure you build a few arms with binary triggers! I just dropped one in an ar pistol in 300 blackout, and just ordered a semi-auto saw to drop one in for belt fed pew pew! Binary triggers are the best answer to the Regan GOP machine gun ban… damned conservative gun laws!!!

Ron
Guest
Ron

This other Ron is certainly not me. I own guns,reload etc. I will protect my family from anyone who threatens them with bodily harm. Ron#1

Horatio Hornblower
Guest
Horatio Hornblower

The lack of hygiene, with sun glasses and sock hat don’t exactly make a convincing case for this guy to be wandering around strapped and cocked

USA
Guest
USA

That’s one of those hats that has a drop down face mask and he should at least be wearing camo for the right impression.

Henry
Guest
Henry

It’s New Jersey, goof, not El Paso. People have to live in actual weather there.

Horatio Hornblower
Guest
Horatio Hornblower

This is an absurd state of affairs, well regulated means just that. And they (guns) ain’t and everyone knows it

AzMick
Guest
AzMick

There are 10s of thousands of laws concerning firearms, they are very highly regulated. You may not know, by design or poor education, ‘regulated’, as used in the 2nd A, means working as designed. Another thing you will continue to ignore is the fact that I have a right to own a firearm written into our Constitution but no where in that constitution is a right to an abortion.

Jonathan Lemaire
Guest
Jonathan Lemaire

Sure we have a right to abortion, it’s called the persuit of happiness!

USA
Guest
USA

Men can’t have abortions stupid even Clark Kent know that and he is 3 beers short of a 6 pack.

2ndAmendentLover
Guest
2ndAmendentLover

You are incorrect but on the right track. Well regulated in the 1780s meant ‘well provisioned’. Just do a word replacement for regulated and reread the sentence. It becomes apparent very quickly what the founder’s intent was!

Heed the Call-up
Guest
Heed the Call-up

AZ, too bad Horatio’s mother didn’t consider abortion. Well, in NYS, she still has that option, they passed a law allowing post-birth abortions. The question now is long long after is it still legal? I opt for however old Horatio is. I don’t see how that would be an issue. I am sure his mother isn’t happy about birthing him, either.

Lord-Pi-314
Guest
Lord-Pi-314

@AzMick…What do you know about the town that AmmoLand is based in ? Just wondering.

Mark Shean
Guest
Mark Shean

Were you naturally born this stupid or do you have to work at it?

Vincent Brady
Guest
Vincent Brady

Well regulated back then meant well trained militia. As in use of firearms and tactics. Only loonies think this means lots of laws and restrictions! There were none.

Heed the Call-up
Guest
Heed the Call-up

Horacio, who’s horn are you blowing? Even the Pink Pistols don’t want anything to do with you.

USA
Guest
USA

We call them the Rubber Gun Squad now since Giffords Institute said people can surrender real guns and replace with fake guns to wave around at criminals to scare them off.

RotaryConnected
Guest
RotaryConnected

She IS certifiably Brain injured, you know. Just smile at her and agree. Everything will be all right !

USA
Guest
USA

Is “brain dead” you meant. I heard they replaced it with it dried out peanut skin from the floor of Cuomo’s cage and yet she can stay on Point well enough to push gun confiscation whereas NGO NRA a pro 2A organization is helping her fulfill her agenda. I don’t like being so blunt but someone needs to keep shining the light on this issue because it’s real bad.

JoeUSooner
Guest
JoeUSooner

No, well regulated does NOT “mean just that.” It is “absurd” that you are ignorant of the fact that “well-regulated” does NOT mean (and never has meant) “heavily controlled.” Beginning in Colonial times, the term meant (and still today legally means) “up to military regulations standard.” In Colonial America, each militiaman was expected to personally provide three days worth of supplies… food, clothing, and “regulation standard” – which means “suitable for war” – firearms/ammunition (powder and ball, back then) to last until the formal logistics chain could provide additional or replacement supplies. The 2nd Amendment’s reference to “well-regulated” had absolutely… Read more »

RotaryConnected
Guest
RotaryConnected

@JUS….And that is why they used to refer to the troops as “The Regulars”, if my memory serves me well and I ain’t mistaken. If I am, then someone please correct me.

JoeUSooner
Member
JoeUSooner

No correction needed. You are “spot-on” accurate, as usual.

Don
Guest
Don

They only reason he lives in bondage… Is because he chooses to.

Horatio Hornblower
Guest
Horatio Hornblower

He could just be kinky after all and us expressing his suppressed homicidal tendencies through sado masochistic behavior.

USA
Guest
USA

Nah, you’re on the wrong board go back to 8 Chan. They called and said a suicide bomber got lose and was last seen headed this way so we been on the lookout for ya. Head on back it’s just left of this location you can’t miss the place it’s the building with the rubber rooms.