Affirming the Right to Keep and Bear Arms
As 2016 draws to a close, one cannot help but languish in the memory of all those who died this year. Sadly, United States Supreme Court Justice Antonin Scalia is among them. Among his many contributions to American society, Justice Scalia stood firmly for the right to keep and bear arms under the Constitution. With the Second Amendment on my mind, this post juxtaposes this constitutional right with New Jersey law, which favors gun control.
Indeed, a Toms River actor faced years in State Prison because he possessed a prop gun for a movie. Portraying a drug dealer’s bodyguard, the actor appeared in a scene with a BB gun in 2015, per the news. Though only pretending, the actor learned New Jersey does not play make believe about gun control. In a plea agreement just in time for the new year, however, the actor was sentenced to two years probation.
Additionally, police at Newark Liberty International Airport arrested a traveler with a gun on December 28, per the news. For his mistake, this man now faces five to ten years New Jersey State Prison for Unlawful Possession of a Weapon.
And of course, the story of a man I know personally. A Sergeant First Class in the U.S. Army, he served the country in combat overseas and he received extensive training in the handling of weapons. Under New Jersey law, an applicant for a permit to carry must show good character. I doubt this man’s character is not at the least above average. New Jersey law also requires thorough familiarity with safe handling and use of handguns, and I doubt he lacks this. Nevertheless, New Jersey also requires “justifiable need,” which prevents this otherwise qualified applicant from getting a permit to carry here.
Please view this for additional material on Gun Control and the Second Amendment. But in the meantime, welcome to the Garden State.
Gun Control in New Jersey
New Jersey law requires the carry-permit applicant to show his:
- good character and exclusion from any statutory disqualifications,
- thorough familiarity with safe handling and use of handguns, and
- justifiable need to carry a handgun.
New Jersey courts interpret the requirement of “justifiable need” as limiting qualified carry-permit applicants to those who show an urgent necessity for protection of self or others. Evidence found to amount either to generalized fears for personal safety or to protect property will be insufficient.
NJ Trial Attorney Michael Smolensky, Esquire, knows how to protect his clients. Mr. Smolensky can provide consultations on any case involving permits to purchase weapons and permits to carry weapons. Call Now—(856) 812-0321.