U.S. Supreme Court Will Not Hear Case to Challenge New Jersey Gun Law
In the ongoing legal battle concerning one of New Jersey’s gun laws, a Sussex County man who brought a lawsuit against the State for its “justifiable need” provision, was recently denied a hearing by the United States Supreme Court.
Under current New Jersey law, citizens must prove a “justifiable need” to law enforcement when requesting a permit to carry a concealed firearm. After Sussex County resident John M. Drake filed a lawsuit challenging this provision, a 3rd U.S. Circuit Court of Appeals panel consisting of three judges rejected his appeal. Drake subsequently united with a similarly concerned group of citizens and requested that the case be heard by the U.S. Supreme Court.
Drake’s case garnered support from organizations such as the National Rifle Association (NRA), the New Jersey Second Amendment Foundation, and the Association of New Jersey Rifle and Pistol Clubs. In addition, nineteen states including Alabama, Alaska, Arizona, Arkansas, Florida, Georgia, Kansas, Kentucky, Louisiana, Michigan, Missouri, Nebraska, New Mexico, Ohio, Oklahoma, South Carolina, South Dakota and West Virginia, issued their support.
On Monday, April 5th, the aforementioned request was denied, as the Court did not grant a writ of certiorari, ultimately determining that it will not hear the case. In the United States legal system, a writ of certiorari orders a lower court to deliver its record regarding a case to be reviewed by a higher court. With Monday’s ruling, the Court confirmed that the New Jersey law will remain in effect since its implementation in 1968.
Although the current Drake case, which was originally opened in 2010 by Newton resident Jeffrey Muller, has seen multiple changes to the parties involved since then, the underlying argument challenging the New Jersey Supreme Court’s application of the Second Amendment has sustained. It remains to be seen whether further challenges to the state’s strict gun policy will compel legal changes in the future. Until then, New Jersey gun laws will endure as some of the most stringent in the nation.
Specific information about gun-related offenses in New Jersey can be found on our website. To learn more, view this video: New Jersey Gun Charges.
For more information pertaining to this case, access the following article: NJ man, rejected by U.S. Supreme Court, says handgun lawsuit just ‘kicking can down the road’