Justifiable Need For Handgun Carry Permit
- February 17, 2014
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Jonathan Wheeler and George Daudelin were defeated in both the Essex County Superior Court and the NJ Appellate division in their Second Amendment challenges to state regulations relating to permits to carry handguns. New Jersey requires a clear showing of “justifiable need”, pursuant to N.J.S.A. 2C:58-4d, in order to obtain a permit to carry a handgun outside of one’s personal residence. The “justifiable need” standard has been in existence since 1924 and the judges saw no reason to overturn it in this case. In order to meet the “justifiable need” standard, the applicants needed to show “an urgent necessity…for self-protection stemming from specific threats or previous attacks demonstrating a special danger to the applicant’s life that cannot be avoided by other means.” In re Preis, 118 N.J. 564, 571 (1990) Although retired police officers are permitted to carry handguns under N.J.S.A. 2C:39-61(1)-(4).1, these retired Newark Fire Department Arson Investigation officers were not permitted to do so and brought a challenge in court. Judge Joseph Cassini III refused to grant permission to the applicants. The Appeals Court held that the presence of handguns in the hands of the public in such a densely populated state bears a risk which far outweighs most rewards. The court considered the balance between the need to protect those with a specific need and the need to protect the general public. Critics of the law believe it is simply intended to appease as it is nearly impossible to meet the criteria for a permit. If you are seeking a carry permit or facing charges stemming from illegal possession of a handgun, it is critical you not undertake these matters without experienced counsel. For more information about handgun carry permits, illegal weapons, possession of a weapon for unlawful purposes or other serious weapons offenses visit HeatherDarlingLawyer.com. This blog is for informational purposes and not intended to replace the advice of an attorney.