Ammoland by John Petrolino 6/30/2019
Through a series of events that were not necessarily unpredictable, another case challenging the Right to Keep and Bear arms in New Jersey has been denied review. Cheeseman v Pollillo is one of the latest cases that has worked its way through the system, only to be denied review by the New Jersey Supreme Court.
The section of the Second Amendment that is being infringed on in the argument is the Bear Arms…as in to have on one’s person or simply put “carry.†Outside the home…In the Heller case, Justice Scalia did state in the majority opinion: “At the time of the founding, as now, to ‘bear’ meant to ‘carry.’â€
If this has been settled case law, why is it that there are still so many injury claims on this subject? Many cases have come before Cheeseman, some in New Jersey and in other areas of the country, all trying to do the same thing, prove that citizens do have an absolute right under the Second Amendment to not only keep, own and have in their home, but also to bear outside the home arms (including weapons of all types). Many of these lawsuits have revolved around jurisdictions known as “may issue.â€
A may issue jurisdiction or state is one that may, or may not, issue a permit for the carry of a firearm outside of the home. The discretion lies with a person or person(s) making the decision. These may issue states have clauses in their statutes and or code asking for good cause or in New Jersey’s case “justifiable need.†The applicant has to prove that they have a proper purpose and need to carry outside of the home.
May Issue [read may not issue]
Cheeseman started this process years ago. He was not happy with the state of affairs where he was living and felt the area was going south, as in not safe anymore. The police do not have a duty to protect citizens under numerous case laws in The United States. Cheeseman was on his own…Not knowing much about this whole area of law, he naively applied for a permit to carry a firearm in the state of New Jersey and was naturally denied. Why was he denied?
Lack of justifiable need.
More:
https://www.ammoland.com/2019/06/challenge-to-njs-may-issue-handgun-rule-filled-with-supreme-court/#axzz5sOYLgDuQ
