Posted on 02/14/2018 10:59:01 AM PST by MilesVeritatis
A gun rights group has allied with a man in a legal challenge to the state’s permitting practices after he was turned down for a carry permit because officials said he failed to show a “justifiable need.”
The federal lawsuit, filed Monday by Thomas Rogers and the Association of New Jersey Rifle & Pistol Clubs, seeks to take a host of Garden State functionaries to task for their practice of rarely issuing permits to carry a firearm in public for self-defense.
“The core Second Amendment right of armed self-defense is just as important to an ordinary New Jersey citizen when she is traveling through a dangerous neighborhood as it is when she is safe in her home,” said Scott Bach, ANJRPC executive director. “The Supreme Court has said that the States cannot ban people from keeping firearms for self-defense in their homes, and New Jersey’s restrictions on carrying firearms outside the home will meet the same end.”
According to the filing, Rogers meets all the guidelines under New Jersey state law to obtain a permit — but cannot show evidence of a direct or specific threat to his life. In other words, even though he was threatened and robbed at gunpoint in the past and currently manages an ATM business, a job that requires him to service machines in high-crime areas, police say he does not have a justifiable need to carry a gun. Rogers applied in early 2017 for a permit with the chief of police for Wall Township and was denied for just such a reason, a decision that a state Superior Court upheld last month.
(Excerpt) Read more at guns.com ...
Wow.
“but cannot show evidence of a direct or specific threat to his life.”
I didnt see anything on the 2ND about having a specific threat.
I hope they prevail in court and the communist states are required to recognize the 2nd Amendment.
This is the problem with shall issue states vs must issue states.
It's not the Bill of Justifiable Needs.
In upstate NY it's up to the county judge. Some hand them out to anyone, others to hardly any one, others require you spend $300 and take an advanced firearms training and shooting course. So it's where you live - that has to be unconstitutional.
I hope he wins and collects damages.
Agreed. “May issue” in practical application means a government official (and sometimes an unelected bureaucrat) assumes the power to deny a Constitutional right without a lawful and fair court hearing. We must never accept that for any of our Rights.
How many honest citizens have been killed by persons who the victim could not have identified as comprising a direct or credible threat? Dumb argument by the state. And what would the state say to what are the average police response times? Another useful question that begs a dumb response. What they are doing is forcing honest citizens to break the law in an effort to protect themselves. I know I would if I was denied.
Instead of kneeling to kiss the king’s ring and beg for a permit, how about grow some balls and carry a concealed firearm like a real American. No one has the right to take that away from you, and if they think they do, that is when you exercise your 2nd Amendment rights.
Of course its unconstitutional- the government has no business telling you when you’re allowed to defend yourself.
The courts have held gun control laws must be reasonable.
NJ’s isn’t. I expect it to be struck down.
Of course its unconstitutional- the government has no business telling you when you’re allowed to defend yourself.
The courts have held gun control laws must be reasonable.
NJ’s isn’t. I expect it to be struck down.
Not unusual for that crap hole place. Back in 72 I applied for a “purchase permit” for the model 66 sandw which had just come out. I carried the gov issued model 19 on the job. The asshole chief of police at that town cross examined me for why I needed that gun. I told him I did not need the gun just for him to sign the permit inasmuch I already had my 19 with me! I can imagine the grief if it had been a carry permit.
I didn't see anything in the 2nd Amendment about needing a permit, either.
“So it’s where you live - that has to be unconstitutional.”
Seems like a violation of the “equal protection” clause to me.
Yes, that’s important too LOL.
Yeah, I am a native New Yorker and watched my county change as folks came North from the NYC burbs.
Yeah, I just double checked 2A myself. Not a word about ‘specific need’. Another liberal fascist penumbra.
Shall issue states issue to everyone that qualifies.
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