Nineteen States Back Lawsuit Against New Jersey Concealed Carry Law
OutdoorHub Reporters 02.20.14
A lawsuit by a Feldon, New Jersey man against his state’s concealed carry law may find its way into the US Supreme Court, thanks to the support of attorneys general from 19 states. David Drake, who owns an ATM business in New Jersey, filed a lawsuit last year when he was denied a concealed carry permit.
Drake says he applied for the permit because he often carries a large sum of cash and wanted a firearm to protect himself. In New Jersey, applicants must prove to police that they have a specific, justifiable need for concealed carry usually beyond just self-defense. Drake later challenged New Jersey’s “may-issue” doctrine on the grounds that it violated his Second Amendment rights, but a federal appeals court disagreed. Now the New Jersey gun owner has appealed the decision to the US Supreme Court and won wide support among gun rights advocates. According to The Times-Picayne, 19 state attorneys general have signed a petition to put the case before the US Supreme Court.
“This decision out of New Jersey impacts the right to keep and bear arms outside of the home,” Wyoming Governor Matt Mead wrote in a statement. “So, I felt it was necessary to have the Attorney General support a petition to the Supreme Court to hear this case.”
Mead, as governor of one of the most gun-friendly states in the nation, is spearheading the campaign. Other states who have voiced their support for the petition include Alabama, Arizona, Arkansas, Florida, Georgia, Kansas, Kentucky, Louisiana, Michigan, Missouri, Nebraska, New Mexico, Ohio, Oklahoma, South Carolina, South Dakota, and West Virginia. Mead stated that the decision by the appeals court against Drake has wider implications than just in New Jersey.
For his part, Drake said the success of the petition came as somewhat of a shock.
“This wide support for our United State Constitution and Bill of Rights, as compared to some state and court who think it is the ‘Bill of Needs’ – points out that Americans expect not only the Second Amendment to be obeyed and honored, but all of our rights to be obeyed and honored,” Drake told The Star-Ledger.
In addition, the petition is also backed by the Nation Rifle Association and several gun owner’s groups.
Last week a ruling by the 9th US District Court of Appeals struck down similar restrictions in San Diego County, California. The county required concealed carry permit applicants to satisfy a “good cause” for carrying a firearm, which the court argued was a violation of the Second Amendment. Experts say this case is likely to be appealed to the US Supreme Court as well.
