A Sussex County man failed to convince the United States Supreme Court to hear his challenge to the “justifiable need” provision in New Jersey’s gun law.
As it currently stands, the strict New Jersey gun law requires citizens to prove a “justifiable need” to law enforcement when requesting a permit to carry a concealed firearm. Sussex County resident John M. Drake filed a lawsuit challenging this provision, but a panel for the U.S. Third Circuit Court of Appeals rejected his appeal. Drake then joined forces with a similarly concerned group of citizens and petitioned for the case to be heard by the U.S. Supreme Court.
Ultimately, Drake’s efforts failed. However, he did manage to garner support from several organizations, including the National Rifle Association (NRA), the New Jersey Second Amendment Foundation, and the Association of New Jersey Rifle and Pistol Clubs. Moreover, he got support from 19 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.
Drake’s request was denied when the Supreme Court chose not to grant a writ of certiorari. This means that the Court will not hear the case. In the U.S. legal system, a writ of certiorari orders a lower court to deliver its record regarding a case so that it can be reviewed by a higher court. The Court’s recent ruling means that the New Jersey law, first drafted in 1968, will remain in effect for the foreseeable future.
To learn more, access the NJ.com article entitled “NJ Man, Rejected by U.S. Supreme Court, Says Handgun Lawsuit Just ‘Kicking Can Down the Road.’”
If you are facing any kind of weapons charge in New Jersey, contact Morristown NJ criminal defense attorney Travis J. Tormey for a free consultation about your case.