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Breaking News: CCDL Enjoins Amicus Brief in Support of Right to Carry Petition in New Jersey

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  • Breaking News: CCDL Enjoins Amicus Brief in Support of Right to Carry Petition in New Jersey

Breaking News: CCDL Enjoins Amicus Brief in Support of Right to Carry Petition in New Jersey

Legal Actions
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Amicus Curiae,Rogers v. Grewal,SCOTUS,Supreme Court
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February 2, 2019

The Connecticut Citizens Defense League has joined with multiple law enforcement associations and other state-wide gun rights organizations to present legal arguments on behalf of lawful gun owners.

Together we have filed an amicus brief in support of the petition for certiorari filed with the Supreme Court in Rogers v. Grewal, No. 18-824.  This case challenges the extremely restrictive "discretionary" carry permit system in New Jersey, which basically does not recognize any right by ordinary citizens to obtain a carry permit.  Instead, an individual must show "justifiable need," which is defined to mean (in addition to other criteria) that the applicant must "specify in detail 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."

The application is to be supported by documentation of the threats or attacks in the form of police reports.  The New Jersey courts have held that "generalized fears for personal safety are inadequate."

The current case, challenging the New Jersey statutes on Second Amendment grounds, was filed after there had previously been a Third Circuit case upholding those statutes.  Accordingly, the federal District Court cited the Third Circuit case, and denied relief.  At the Third Circuit, the plaintiffs themselves asked the Third Circuit to summarily affirm, thereby saving time and setting the case up to take to the Supreme Court by way of certiorari as soon as possible.

The brief argues points that have been made in the past in right-to-carry cases, such as the total ineffectiveness of restrictive permitting systems in reducing crime, and the fact that concealed carry permit holders nationwide, even in far less restrictive "shall-issue" states, tend to be remarkably law-abiding.

We believe the brief should help convince the court that this is an important case, and worth considering for granting certiorari.

The full amicus curiae brief may be viewed here:
18-824 Amicus Brief of Law Enforcement Groups et al. (pdf)

The chances of getting some meaningful Court action on important issues—such as the fundamental question in this case, whether there is a Second Amendment right to carry outside the home—are probably the best in many years.

As 2nd Amendment advocates, we must recognize the impact that federal actions in other states could ultimately have on Connecticut.

Scott Wilson
President - CCDL Inc.

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