Internet Explorer 11 is not supported

For optimal browsing, we recommend Chrome, Firefox or Safari browsers.

Supreme Court Won't Rule on New Jersey's Gun-Carrying Restrictions

The US Supreme Court on Monday declined to take up a case that many analysts believed might have delivered another landmark Second Amendment decision expanding gun rights in the United States.

The US Supreme Court on Monday declined to take up a case that many analysts believed might have delivered another landmark Second Amendment decision expanding gun rights in the United States.

 

The court took the action in a one-line order without further comment. It affirms lower court decisions upholding a New Jersey gun permit statute that critics say is too restrictive.

 

The question in the case was whether the New Jersey gun regulation violated a fundamental right to carry a firearm in public for self-defense.

 

The issue arrived at the high court at a time of heightened public concern about the prevalence of guns in US society and a seeming stream of mass shootings at schools, job sites, and other public places.

 

The challenged New Jersey statute prohibits state residents from obtaining a permit to carry a handgun in public unless they can demonstrate a “justifiable need” for such a weapon.

 

The law defines justifiable need as “the urgent necessity for self-protection, as evidenced by specific threats or previous attacks which demonstrate a special danger to the applicant’s life that cannot be avoided by means other than by issuance of a permit to carry a handgun.”

 

Under the New Jersey law, an application must be submitted to the local police chief. If the chief approves the application, it is then forwarded to a state judge, who also must approve the application.

 

An approved permit is good for two years. Carrying a gun without a permit is a felony in New Jersey, punishable by five to 10 years in prison.

Caroline Cournoyer is GOVERNING's senior web editor.