Supreme Court Leaves in Place New Jersey Law Limiting Guns in Public Places

Posted on May 5, 2014

supreme court

The U.S. Supreme Court today refused to hear a case that challenged an important gun safety law in New Jersey which requires applicants for a concealed weapon permit show a “justifiable need” before they may carry a firearm in public. By not hearing Drake v. Jerejian, the Supreme Court leaves in place a decision by the U.S. Court of Appeals for the Third Circuit finding New Jersey’s concealed weapons permitting system to be constitutional and an important part of protecting citizens from dangerous firearms in public spaces.

The question of whether the Second Amendment applies outside of the home is a major issue across the nation right now.  Several states, including New Jersey, New York, and California, give law enforcement the discretion to decide whether a person has a legitimate need to carry a concealed weapon in public places. Strong concealed weapons permitting systems serve to improve public safety by helping to keep guns out of public places.

Of the five U.S. Courts of Appeals that have heard Second Amendment challenges to these kinds of laws, four have found them to be constitutional.  Only recently did a three-judge panel of the Ninth Circuit unexpectedly break with the other courts in finding San Diego’s permitting system to violate the Second Amendment – a radical decision that has the potential to be overturned if the Ninth Circuit decides to rehear the case with a full panel of judges.

The Supreme Court’s decision today is part of a larger trend in which the Court has repeatedly refused to hear Second Amendment challenges to common sense gun laws.  Since the landmark Supreme Court decisions in Heller and McDonald, the Court has denied review in over 60 Second Amendment challenges to our nation’s gun laws.  As a result, the Court has refused to disturb the large number of federal and state court decisions upholding strong gun regulations.

In rejecting the gun lobby’s request to hear the Drake case today, the Supreme Court has left this issue in the hands of the lower courts, the vast majority of which have approved laws, like those in New Jersey, which serve to protect citizens from a flood of dangerous firearms in public places.

For more, read our information on other cases that have addressed the Second Amendment since the pivotal 2008 Heller case or read our summary of concealed weapon permitting laws nationwide.