NJ Shall Issue Litigation (backed by NRA) — Update 10/27/18

[bushmaster1313]

To make a long story short, the Association of New Jersey Rifle and Pistol Clubs (ANJRPC), with significant help from the NRA, is challenging New Jersey's "May Issue" system of not issuing carry permits.

Losing at the District Court was a foregone conclusion under binding Third Circuit precedent. The case was appealed to the Third Circuit and both the ANJRPC and the State of New Jersey asked the Third Circuit for a summary ruling that would allow the case to be appealed by the ANJRPC to either the full en banc Third Circuit or the Supreme Court.

The status on 10/27/18 is that on 9/21/18 the Third Circuit issued the summary ruling requested by both sides.

It is well known that the Supreme Court has been reluctant to hear a case on whether there is a right to carry under the Second Amendment. Many, including me, thought that the Supreme Court was waiting to rule on the "No Issue" system in the District of Columbia. However, the pro-RTKBA plaintiffs got a surprising win in the D.C. Court of Appeals and the the City of Washington, D.C. chose not to appeal to the Supreme Court, probably out of fear that they would lose and Shall Issue would be the law all across the United States. Now that the Supreme Court will never hear the issue in an appeal from the District of D.C., I believe it very possible that the Supreme Court will agree to hear the case out of New Jersey.

For the pro-RTKBA side to win, the Supreme Court will have to decide “Yes” on two questions:

1) Does the 2A protect a right to bear arms outside the home? IMHO this will be an easy Yes.

2) Is the “May Issue” system of New Jersey a violation of the RTKBA under the 2A? IMHO this is a trickier question and the Supreme Court could remand the case back to the District Court to hear the facts and make a determination on a full record. I can only hope that instead of sending the case back to the district Court the Supreme Court will rule as a matter of law that it is always a violation of the Constitution to put the burden on a person to prove that they have an individualized need to exercise a right guaranteed by the Constitution.

 

[fordson]

Thanks for the update. Is it unusual for the State of NJ to support the ANJRPC appeal for the summery ruling from the 3rd Circuit? I’m not familiar with the Law, but would have thought the State could stonewall the effort by opposing it.

 

[bushmaster1313]

Thanks for the update. Is it unusual for the State of NJ to support the ANJRPC appeal for the summery ruling from the 3rd Circuit? I’m not familiar with the Law, but would have thought the State could stonewall the effort by opposing it.

The State has no choice. The State will look like a fool if it goes to court and says: “Your Honor, I am right, and I should win, but I do not want to win right away because I am afraid what the Supreme Court might do on appeal.”

 

[bushmaster1313]

Update 10/27/18

On 9/21/18, the Third Circuit Court of Appeals granted a summary decision upholding the New Jersey District Court decision that there is no right to carry under the US Constitution. This action by the Third Circuit was expected and a foregone conclusion under existing Third Circuit precedent.

I believe the time period to ask for reconsideration or reconsideration en banc has run. Therefore, the plaintiff, backed by the ANJRPC and the NRA (Go Team!), has 90 days from 9/21/18 (approximately 12/20/18) to appeal to the United States Supreme Court. The Supreme Court does not need to agree to hear the appeal. However, now that other pro-2A plaintiffs won the right to carry in the District of Columbia and the District of Columbia did not appeal to the Supreme Court, I believe the Supreme Court is now ready to hear a right to carry case. IMHO the proper ruling under the Constitution would be that there is a right right to carry, and a State can ban open carry or concealed carry, but not both.

 

[stansdds]

This will be interesting to watch.

 

[motorcoachdoug]

Of course our very own States Attorney General who is a very rabid anti 2A kind of guy here in Maryland does not want that kind of case to go before SCOTUS because if SCOTUS should rule you do not have to prove a G&S here in MD then he would have to allow that. As of right now you have to prove G&S to Maryland State PD and if you lose their you can appeal before the Maryland Handgun Permit Review Board. If you go to MDShooters.com and look for the HPRB Review Board under the Maryland 2A in the forms section you will see the fight we have been going thru here in MD as well. Good luck you all in NJ..

 

[LoboGunLeather]

Bushmaster1313 had presented clear, concise, and well-reasoned commentary on this subject. Very informative.

Thank you.

 

[bushmaster1313]

Bushmaster1313 had presented clear, concise, and well-reasoned commentary on this subject. Very informative.

Thank you.

I care about securing the right to carry in New Jersey.

Also, the case will involve what might be the most fundamental right of all rights under the Constitution — Every person’s inherent right to not have to justify to anyone why they have sufficient need to exercise a right guarenteed by the Constitution.

 

[viney266]

Hoping for the best, and professional minds finding what they KNOW to be true.

 

[fordson]

I care about securing the right to carry in New Jersey.

Also, the case will involve what might be the most fundamental right of all rights under the Constitution — Every person’s inherent right to not have to justify to anyone why they have sufficient need to exercise a right guarenteed by the Constitution.

This is an extremely interesting concept. Too bad a number of our politicians and judges don’t appear to acknowledge it.

 

[motorcoachdoug]

I am wishing you all the Best in the NJ case. We are following that case as well in MDShooters.Com plus a few others as well where you have to prove a G&S reason why you want to carry.