Saturday, February 19, 2011

Plaintiffs Fire Next Shot in Right to Carry Lawsuit

The following is an email I received from the ANJRPC regarding the ongoing New Jersey lawsuit to overturn our draconian concealed carry laws:

On February 18, ANJRPC, the Second Amendment Foundation, and 6 individual plaintiffs filed reply papers in their historic right to carry lawsuit, in response to the State of New Jersey’s absurd argument that the Second Amendment only applies inside the home, and that the public needs to be protected from those who legally carry firearms. The new reply papers are available here.

The federal lawsuit, filed in November of last year, challenges New Jersey’s unconstitutional "justifiable need” standard for issuance of handgun carry permits – a nearly impossible standard to meet that has all but eliminated the right to self defense with a firearm in the Garden State.

In its papers filed last month, the Attorney General defended New Jersey’s existing carry laws, revealed apparent anti-Second Amendment bias, and moved to dismiss (i.e., end) the case. A nearly identical "friend of the court” brief was filed the same day by The Brady Campaign, Million Mom March NJ chapter, and CeaseFire NJ.

"It is now crystal clear that the State of New Jersey has no intention of ever respecting the right to defend yourself with a firearm outside the home, and will have to be dragged, kicking and screaming, into compliance with the Heller and McDonald decisions,” said ANJRPC President Scott Bach. "With this lawsuit, we intend to do just that, even if we have to go all the way to the U.S. Supreme Court,” said Bach.

The State’s responsive papers are due in Mid-March, after which the case will be submitted to a U.S. District Court Judge for decision, which could come as early as this Summer. Appeals are anticipated regardless of the decision.

ANJRPC will keep you apprised of major case developments as they occur. Please watch for future alerts. 

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