Well, it seems that over the course of a few years, a family man jumped through all the hoops for training, qualification test, mental health evaluations, so that he could obtain a NJ CCW so he could
protect himself and his family, such as in the event of a terrorist attack, and it was his constitutional right to bear arms.
Well this ain’t gonna go far in NJ if you claim 2A rights…..
Turns out he was denied because the
general purpose to protect oneself and one’s family is insufficient to satisfy the statutory requirement of “justifiable need.”
So what’s justifiable need you may ask?? Who knows? Probably a brown bag filled with $100 bills. *Geez your Honor, I have this justifiable need to give you a bag of cash……*
But back in 1971 in Siccardi vs State of New Jersey, (a movie owner wanted a CCW to use when depositing late night cash receipts) the Court held that
One whose life is in real danger, as evidenced by serious threats or earlier attacks, may perhaps qualify within the latter category (regarding justifiable need) but one whose concern is with the safety of his property, protectible by other means, clearly may not so qualify
May perhaps qualify.
Get that? May perhaps…..
And this pretty much sums up the issue with CCW here in the Garden State.
There was recently a few cases here in NJ where the Court denied CCW’s to a few bail bondsmen. I haven’t been able to find the Court’s ruling, but from what I heard, they were denied on the grounds that if they went into another line of work, they wouldn’t need a CCW. Not sure how true that is…..but then again, this is NJ.
Well, he could try and make a federal case of it post MacDonald. That decision has a tissue-flimsy rationalization that an incorporated 2A would not require “self-defense” to be a justifiable reason for issuance. I’d like a better-prepped case (and something other than a pro-se litigant), though…
You do have a point. But I think we still need to let the CCW cases that are on the block in the Federal circuit run their course. I forget the names of those cases though.
We have an uphill battle here in NJ, both legally, and even harder, culturally.
The SAF has one out in CA – Pena, I think, is the respondent.
Right now I’d be happy with a 1983 suit challenging the failure of the police to follow the various time limits enacted in law; followed by a change to the presumption that all firearms are illegal to possess except…
I’d be happy for NJ to accept that self defense is a legit reason to own a gun.
Ownership is merely (ha) infringed by the length of time on the issuance of the necessary. The FID and Permit to purchase do not require justification and are nominally shall-issue. And neither are technically required if you obtain your firearm legally prior to becoming a resident of NJ.
Self defense is a legit reason to *carry* a gun – one day NJ will be forced to recognize this.
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