New Jersey Gun-Carrying Limit Left Intact by High Court
The U.S. Supreme Court left intact a New Jersey law that requires a justifiable need to carry a handgun in public, sidestepping a dispute over the scope of the Constitutions gun-rights protections.
The justices today turned away an appeal by four New Jersey residents and two organizations, which said the Constitutions Second Amendment guarantees the right to carry a weapon for self-defense. A federal appeals court upheld the New Jersey measure.
The high court hasnt take up a gun-rights case since 2010, repeatedly rejecting appeals centering on the Second Amendments reach outside the home.
New Jersey is one of seven states that require an applicant to show a special need to get a permit to carry a handgun. That group includes California, whose rules are now before a federal appeals court, and New York, whose law the justices left intact a year ago.
The Second Amendment guarantees the right to carry weapons for the purpose of self-defense -- not just for self-defense within the home but for self-defense, period, the National Rifle Association argued in a brief backing the appeal.
Many states have relaxed their public-possession restrictions in recent years. In 1981, just three states -- Maine, Washington and Vermont -- let typical residents carry firearms in public without giving a reason.
In upholding the New Jersey law on a 2-1 vote, the Philadelphia-based 3rd U.S. Circuit Court of Appeals said the measure was valid even if the Second Amendment applies outside the home. The appeals court pointed to a passage in a 2008 Supreme Court decision that said some longstanding gun restrictions were presumptively lawful.
The panel said New Jersey has had the justifiable need standard in some form since 1924.
New Jerseys legislature, long ago, made the predictive judgment that widespread carrying of handguns in public would not be consistent with public safety because of the inherent danger it poses, New Jersey officials, led by Acting Attorney General John J. Hoffman, argued in court papers that urged the court to reject the appeal.
The Second Amendment Foundation and the Association of New Jersey Rifle & Pistol Clubs joined the four residents in challenging the measure. The residents were led by John Drake, who says he was denied a permit even though he operates a business that stocks ATM machines and often must carry large amounts of cash.
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New Jersey Gun-Carrying Limit Left Intact by High Court