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Will You Ever Be Able To Legally Carry A Gun In New Jersey?

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Will You Ever Be Able To Legally Carry A Gun In New Jersey?

Posted at 12:30 pm on December 6, 2020 by Cam Edwards

 
 
 
 

Will You Ever Be Able To Legally Carry A Gun In New Jersey?

New Jersey has some of the most restrictive gun laws in the nation, and it’s not surprising that even Second Amendment supporters can feel pretty glum about the prospects of that ever changing. Take Judi Franco, for instance. The longtime midday host at New Jersey’s 101.5 says that even with a new lawsuit challenging the state’s carry laws, residents should accept that they’ll probably never be able to legally carry a gun in the Garden State.

The NRA is suing the state of New Jersey To change the laws to make it easier for people to obtain concealed carry permits. The way the law is now, New Jersey residents must show what’s called “justifiable need“ in order to be able to carry concealed weapons in the state. And to meet that standard is nearly impossible.

So if Americans have the right to defend themselves with firearms, a right Constitutionally afforded to all of us, and situations come up quickly and without warning, what’s the good of having a gun that you can only keep in your bedside drawer, barely allowed to use and certainly not allowed to take out with you?

This lawsuit will not change anything. But for the ever-decreasing pool of freedom-loving Americans in New Jersey, it’s good to know that someone is not just lying down and watching our rights taken away without a fight.

 

Franco is spot-on when she talks about the near impossibility of individual gun owners meeting the “justifiable need” standard in order to get a carry license in the state. The average New Jersey resident will always be denied their right to carry unless they can document some sort of specific and ongoing threat against their life, which is the entire point of the new litigation filed by the NRA, Association of New Jersey Rifle & Pistol Clubs, and the Coalition of New Jersey Gun Owners.

I disagree with Franco, however, when she claims that the new lawsuit “will not change anything.” I think there’s a very good chance that by the time this case gets to the Supreme Court for potential review, SCOTUS will have already weighed in on at least one right-to-carry case, and will have sided with the Second Amendment and our right to bear arms.

There’s already a split in the various appellate courts over the issue of “justifiable need” and whether it’s a violation of the Second Amendment. The Third and Ninth Circuits have rule that the heightened standard passes constitutional muster, while the Court of Appeals for the D.C. Circuit disagrees.

That split in the appellate courts makes it far more likely that SCOTUS will accept a carry case dealing with the “justifiable need” requirement, especially with Justice Amy Coney Barrett on the bench. The new lawsuit filed over New Jersey’s carry laws might not be the first such case to reach the Supreme Court (there’s an challenge to Hawaii’s open carry laws that is currently in the Ninth Circuit that’s likely to be the next carry case to get to the high Court), but I feel pretty confident about the Court taking on the right to bear arms in the new year.

So, unlike Franco, I’m pretty bullish on New Jersey residents getting their right to carry in the not-too-distant future. I know how frustrated gun owners are after decades of having their Second Amendment rights treated as a privilege, but I believe that better days are ahead for gun rights in the Garden State.

 

https://bearingarms.com/came/2020/12/06/will-you-ever-legally-carry-gun-nj/?utm_source=badaily&utm_medium=email&utm_campaign=nl&bcid=bc1d86e1053dd21c60a121534def959c

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I have talked about this issue many many times. My honest belief is that we are all more likely to be mugged to death long before NJ gets CCW through SCOTUS intervention. Apologies for being so grim, but I had put my faith and money into Rogers v grewal and mark cheeseman v pollilo and look where that got us? In NJ you have three choices, you can illegally carry and hope you don't get caught, become a cop, or move. Many who value the idea of self defense and self preservation have decided to move already. I don't blame them for doing so, I just pray that one day SCOTUS takes a "good cause" case and frees us from this nightmare. 

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Would love to see the resurfacing of some of Cemetarys Gun Blob’s posts on this particular topic. They were both entertaining yet spot on  

It’s only been since 1966 that citizens in this state have been hamstrung by the Sills Act. And we think something is going to change now? We’re going to kick the can around with ANOTHER lawsuit? 

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Remember back kids, we had a shot at National Reciprocity during Trump's first two years with a Repub congress. It was passed in the House, Dec. 2017, but the Repub controlled Senate refused to even bring it up for a vote. If your Repub politicians won't pass it, the chance of a Dem controlled NJ legislature passing it is pretty slim

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The problem with Trump's first two years was that the Russia lies weakened him in the eyes of many Republicans.  This allowed people like John McCain, Mitt Romney and others to vote against our interests.  

Let's all run for state office . . . 

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Not holding my breath on this happening. A better question is- How soon until the rest of the US is feeling NJ’s pain? If the Republicans lose in GA, one of the first things Dems are going to do is pass all the anti-gun crap Bloomberg paid for. It’s easier for them to go after us than fix all the problems that take real thought and effort.
 

We’ve seen that here in NJ for decades. Literally fiddling while Rome burns. NJ will never be able to dig itself out of it’s fiscal hole and the Federal government is just as bad. All this stuff is just distraction from the fact that they are all unable to fix any real issues.

JMHO
-Jim

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From a personal perspective, the answer depends on how old you are. In my case, I will be 68 next year. So while I remain hopeful, I am not optimistic that I will ever be able to CC in NJ.  My runway of life grows ever shorter.  Drake, and recently Rogers, were bitter disappointments.

Even if and when Justifiable Need is overturned, NJ will likely drag their feet and institute unreasonable qualification requirements. Then these would have to be challenged for yet more  years through the courts. Hope I am wrong.

This topic brings to mind the glorious ONE DAY  in my life three years ago when I spent the day concealed carrying in PA. Shortly after , PA stopped recognizing all non-resident permits (including Texas in my case.). In sharp contrast to NJ, my recent renewals of my Utah and Texas carry permits were routine and fast. Both informed me 3-6 months in advance of the upcoming need to renew. Amazing.
 

 

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On 12/9/2020 at 1:45 PM, EdF said:

The problem with Trump's first two years was that the Russia lies weakened him in the eyes of many Republicans.  This allowed people like John McCain, Mitt Romney and others to vote against our interests.  

Let's all run for state office . . . 

McCain and Romney hated Trump because he accomplished something they couldn't. McCain was a vet yet did absolutely nothing for vets in all the years he was in office. Trump did more for them in 4 years. Romney is just a egotistical asshat.

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On 12/21/2020 at 7:30 PM, FDHog said:

McCain and Romney hated Trump because he accomplished something they couldn't. McCain was a vet yet did absolutely nothing for vets in all the years he was in office. Trump did more for them in 4 years. Romney is just a egotistical asshat.

McCain was the piece of shit that hand delivered the Fake Steele dossier to to the democrats. That is what started this whole bullshit russian investigation.

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Here's another thing - even though I am a NJ resident, because I have a PA hunting and fishing license I am legally allowed to carry in PA when I am hunting or fishing, because I have a PA Sportsman's Firearm Permit. It's shall issue, good for 5 years, and costs $6. It's also valid when I am "going to the places where they desire to hunt, take furbearers or fish or returning from such places."

Fishing. Yes, fishing. There are some pretty mean fish in PA. 

No background check, just show your hunting license and give them $6. 

 

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1 hour ago, Grapeshot said:

Here's another thing - even though I am a NJ resident, because I have a PA hunting and fishing license I am legally allowed to carry in PA when I am hunting or fishing, because I have a PA Sportsman's Firearm Permit. It's shall issue, good for 5 years, and costs $6. It's also valid when I am "going to the places where they desire to hunt, take furbearers or fish or returning from such places."

Fishing. Yes, fishing. There are some pretty mean fish in PA. 

No background check, just show your hunting license and give them $6. 

 

Really? Didn't know that, because I don't hunt or fish. And my only furbearers are our cats.

Obviously that includes rifles and shotguns. But also handguns?

I would not interpret that to mean you can have any firearm in your vehicle with you; just on your person, as in walking. Their mobile laws are as bad as ours, unless you have a LTCF. That's one of the big reasons a lot of PA residents get them. It precludes handgun felonies in your vehicle. (Note however that even with a LTCF you can't have a loaded rifle in your vehicle.)

Unless you have different information?

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This is for handguns, you can read the whole thing here: 

http://www.co.clarion.pa.us/Dept/Treasurer/Documents/SportsmansPermitRegs1.pdf

My buddy has a hunting camp in PA where we hunt and fish, so I don't really worry about carrying in a vehicle. But hey - you want to take a walk in the woods? Throw a collapsible fishing pole in your bag and you are good to go.  

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On 12/8/2020 at 1:11 AM, GRIZ said:

NJ will never loosen up the carry permit laws unless they are forced to.

If the Democrats pack the SCOTUS there won't be a chance to change things for at least 30 years.

There is a chance with the present court.

 

If democrats pack the courts they will be setting a dangerous precedent. When ever a Presidency and Senate are both turned over from the other party they'll just put more more judges in SCOTUS until in 50 yrs there's more SCOTUS justices than Senators... But if things continue the way they are, in 50 years it will be mute. The Socialist States of America will have inquisitions in the basement under the state field marshals office in lieu of courts.

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3 hours ago, fslater said:

If democrats pack the courts they will be setting a dangerous precedent. When ever a Presidency and Senate are both turned over from the other party they'll just put more more judges in SCOTUS until in 50 yrs there's more SCOTUS justices than Senators... But if things continue the way they are, in 50 years it will be mute. The Socialist States of America will have inquisitions in the basement under the state field marshals office in lieu of courts.

I agree the Democrats realize the dangerous precedent if they pack SCOTUS.

I think many of the Biden "voters" will pull their head out the the orifice where the sun never shines in 2 years.

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FDR couldn't pack the court. Biden certainly will not be able to. 2 Dem Senators Manchin and Simena are on record that they will not vote to end the filibuster. They would lose power if they did. That means Dems have at most 48 votes. With filibuster in place Dems need 60 votes for Cloture to pass any laws that would increase the number of SCOTUS Justices. Will not happen. Just like more restrictive federal gun laws or making Puerto Rico a state won't happen. In 2 years GOP will have control of the House. 

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Remember . . . Not everything requires cloture and the Democrats are VERY good a forcing their caucus to vote as a block.  There's now a history of attaching this crap to reconciliation bills.

 

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