NRA, 19 States, 34 Congressmen Sue New Jersey Over Gun Law

By:  Bob Adelmann
03/11/2014
       
NRA, 19 States, 34 Congressmen Sue New Jersey Over Gun Law

On February 12, 2014, the National Rifle Association (NRA), 19 states, and 34 members of the House of Representatives asked the Supreme Court to review a New Jersey court’s decision restricting Second Amendment rights of its citizens.

Leading the requests is Attorney General of Wyoming, Peter Michael, who sees the danger in letting the decision by the 3rd District Court in New Jersey stand, as it could require that every other state with greater protections for its citizens reduce them substantially. In New Jersey, almost no one can obtain a concealed carry permit. In Wyoming, no one is required to have one.

Said Wyoming Governor Matt Mead:

If the current decision stands, states providing greater protections than New Jersey under the Second Amendment may be pre-empted by future federal action....

This decision out of New Jersey impacts the right to keep and bear arms outside the home. So I felt it was necessary to have the attorney general support a petition to the Supreme Court to hear this case.

The case is Drake v. Jerejian where John Drake, the lead plaintiff, operates a business in New Jersey which stocks ATMs with cash. By necessity, he stocks them at night and carries a lot of cash with him, making him a perfect target for thieves. When he applied for a concealed weapons permit, it was denied, even though he had the blessing of the chief of police in his town.

The lawsuit was originally brought by Jeffrey Muller, another New Jersey resident and business owner who was kidnapped and beaten in a bizarre case of mistaken identity. Afterwards, Muller’s request for a concealed carry permit was denied because he failed to show “justifiable need” as required by the state. After filing suit, he was granted a concealed carry permit. Drake, commenting on the matter, said, “It seems unreasonable to me to have to wait until you’re beaten up or shot at to get a permit!” He added that the Second Amendment is part of the Bill of Rights, and when he learned that the NRA, 19 states, 34 congressmen, and the Cato Institute had joined him in his suit against New Jersey, he was surprised and delighted:

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