License to Carry: Drake v. Filko - NJ’s Handgun Permit Law
Upheld
Some U.S. citizens will tell you they walk around with a
firearm on them at all times. In-fact, in states like Colorado, it is not
uncommon to see people walking around grocery stores with a pistol on their
hip. That’s not the case in New Jersey, a state with arguably the toughest gun
laws in America. To some, the idea of people being armed at all times is scary.
For others, the idea of carrying firearms on their person in public places means
freedom. Either way, New Jersey’s gun laws have been both criticized by those
who believe their Second Amendment rights are being violated and praised by
others as a safeguard against gun violence. In February 2013, the Third Circuit
upheld New Jersey’s Handgun Permit law in Drake v. Filko. This blog post
examines the decision and how the court interprets “justifiable need.”
The issue presented before the Third Circuit was whether
requiring a New Jersey citizen to show “justifiable need”, in order to obtain a
license to carry a firearm, is constitutional. The Third Circuit ruled that
NJ’s law requiring “justifiable need” is constitutional. Four NJ residents and
two organizations known as the “Plaintiffs” argued that the Second Amendment
secures a right to U.S. citizens to carry arms in public for the purposes of
self-defense. In addition, they argued that the “justifiable need” standard of
the Handgun Permit Law was an unconstitutional prior restraint.
According to NJ law, “justifiable need” is defined as “the
urgent necessity for self-protection, as evidenced by specific threats or
previous attacks which demonstrate a special danger to the applicant’s life
that cannot be avoided by means other than by issuance of a permit to carry a
handgun.” In addition to applying to the local chief of police for a license to
carry, the application must also be presented to a Superior Court judge who
must certify that the requirements have been met. In other words, it is
extremely difficult to obtain a license to carry a firearm in the State of New Jersey.
The Third Circuit noted that the State of New Jersey had a
significant, substantial, and important interest in protecting its citizens’
safety. They ruled that the the “justifiable need” requirement was reasonably fit
to carry out the State’s goal.
This
ruling does not mean that citizens’ are without help. NJ attorneys who are
familiar with the process can argue on your behalf that you do in-fact have a
“justifiable need” to carry a firearm on your person. For additional information, click here. If an application is
denied, an NJ attorney can appeal the decision and fight for you in court. If
you are interested in finding out how an attorney can help you obtain a license
to purchase a firearm or obtain a license to carry, contact Roberts &
Teeter, Attorneys at Law today. 732-325-0814. www.centralnjlawyers.com
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