A Final Blow To New Jersey’s ‘justifiable need’ Carry Ban Scheme

Second Amendment Gun Permission Slip twitter.com/LilSouthernSass/status/1539992520356237312/photo/1

TRENTON, NJ – This week,Firearms Policy Coalition (FPC) announced a decisive victory out of the District Court of New Jersey in its federal Second Amendment lawsuit challenging the state’s ‘justifiable need’ carry ban, Francisco v. Cooke. You can read the full court order at FPCLaw.org.

“We are delighted to successfully conclude this challenge to New Jersey’s authoritarian disarmament scheme,” said FPC President Brandon Combs. “We will continue to fight forward until all peaceable people can exercise the right to bear arms in public without fear of government harassment or prosecution.”

In 2021, FPC and two of its members filed a challenge to New Jersey’s draconian requirement for individuals to prove a ‘justifiable need’ to acquire a permit to carry a firearm. As a result of aggressive litigation, the NYSRPA v. Bruen decision that overturned New York’s similar requirement, and changes to New Jersey law,

…..the Court has approved a consent order stating that the provision violated the Second and Fourteenth Amendments and that the defendants in the case are responsible for the plaintiffs’ attorney’s fees and costs.

FPC brought this challenge as part of its high-impact FPC Law strategic litigation program to eliminate disarmament regimes and restore the natural right to keep and bear arms.

FPC was joined in this case by two FPC members. The Plaintiffs in the case were represented by Gellert Seitz Busenkell & Brown, LLC.

Firearms Policy Coalition (firearmspolicy.org), a 501(c)4 nonprofit membership organization, exists to create a world of maximal human liberty, defend constitutional rights, advance individual liberty, and restore freedom. We work to achieve our strategic objectives through litigation, research, scholarly publications, amicus briefing, legislative and regulatory action, grassroots activism, education, outreach, and other programs. Our FPC Law program (FPCLaw.org) is the nation’s preeminent legal action initiative focused on restoring the right to keep and bear arms throughout the United States. Individuals who want to support FPC’s work to eliminate unconstitutional laws can join the FPC Grassroots Army at JoinFPC.org or make a donation at firearmspolicy.org/donate. For more on FPC’s lawsuits and other pro-Second Amendment initiatives, visit FPCLegal.org/


Firearms Policy Coalition

Firearms Policy Coalition (firearmspolicy.org), a 501(c)4 nonprofit membership organization, exists to create a world of maximal human liberty, defend constitutional rights, advance individual liberty, and restore freedom. We work to achieve our strategic objectives through litigation, research, scholarly publications, amicus briefing, legislative and regulatory action, grassroots activism, education, outreach, and other programs. Our FPC Law program (FPCLaw.org) is the nation’s preeminent legal action initiative focused on restoring the right to keep and bear arms throughout the United States. Individuals who want to support FPC’s work to eliminate unconstitutional laws can join the FPC Grassroots Army at JoinFPC.org or make a donation at firearmspolicy.org/donate.

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Ledesma

Nothing they do lessens anybody’s chance of being shot one day. And it’s driving many of them insane. These are people that are often so scared of guns even toys and photographs of guns can be strictly forbidden.

Knute Knute

It goes beyond even that! Children have been suspended/expelled just for pointing their index finger. Not even a toy. Just a hand. These people are so cowardly that even a six-year old’s finger terrifies them.
IMO, such ones cannot remain alive for much longer. Soon they’re going to start dying of their own fears. And we all get to watch as they begin dying of fright every time a fly lands on their arm!
I find such extreme insanity quite amusing. 🙂

swmft

most of these nutbars are taking some drug or other imagine school bus drivers carrying narcan , how can taking this type of drugs be normal where ods happen every day in any old place, elementary school,, exercise class police station???????????

Last edited 3 months ago by swmft
Akai

We need to think big picture folks. The State likely knew they would lose the case eventually, but for how long was the State position enforced? This is how the anti-2A commies kinda win the battle, they kinda jail you until some judge unlocks the jail door. Even if SCOTUS makes a landslide ruling the commies can still make some violating law that goes back into the courts, eventually overturned for violating the SCOTUS ruling. Look at HI with their BS unconstitutional control on ammo.

gregs

was going to cheer but cannot because the nj taxpayers are going to have to foot the bill on lawyer fees and court costs and not the asshats who were being tryannical by violating someone’s civil rights.
so anyways, good ruling.

Akai

I believe judge ruled the State has to pay all lawyer fees.

Denny

It would be nice for the judge to make the people who passed the law to pay for lawyer fees not the tax payers.

buzzsaw

And where does the State’s money come from? In a just world, a bill for the legal (and incidental) expenses of both sides would be sent to the tyrants who passed this into law or regulation, and those who enforced it, as well as the citizens who voted for them. However, preventing reprisals against citizens for who or what they voted for is why we have the secret ballot. Maybe the money should come out of the pothole-fixing allocation in the voting precincts in which the tyrants won. Stupid should hurt. And it does, both stupid and, sadly, non-stupid alike.

swmft

if police thought this would come from their pension they would wait out legal challenges before they attacked citizens doing nothing wrong

DIYinSTL

Better the taxpayer reimburse the FPC than not. Though all this legal expense should be unnecessary, at least some of the cost in this case has been shifted to people who support restrictions on the 2A. Besides, the cost to the taxpayer is a drop in the bucket compared to the 10s of millions NJ pisses away on other stupid crap the government has no business in.

gregs

no, the plaintiff (usually an individual) is the one suing the defendent (often times the government) especially in cases of violation of civil rights.