New Jersey�s �justifiable need� requirement to carry handguns prevents the Second Amendment from applying to the state, argues a brief filed by the lawyers of a Fredon man who is challenging the law.

By JOE CARLSON

jcarlson@njherald.com

New Jersey�s �justifiable need� requirement to carry handguns prevents the Second Amendment from applying to the state, argues a brief filed by the lawyers of a Fredon man who is challenging the law.

�No serious person believes that people in New Jersey today enjoy their right to �bear arms� � defined by this Court as �carrying [arms] for a particular purpose � confrontation,� the brief said. �Even the majority below (referring the U.S. District Court in New Jersey, a lower court that struck down John Drake�s challenge to the law in 2012) found that New Jersey�s �justifiable need� requirement is incompatible with a right to carry defensive handguns. It thus held � exactly backwards � that the requirement�s adoption defeats an understanding that the Second Amendment secures that right.�

New York City-based attorney David Jensen and Alexandria, Va.-based attorney Alan Gura filed the brief on behalf of Drake, the current namesake for a 2010 lawsuit titled Drake v. Jerejian, challenging the New Jersey law that those who want concealed-carry permits must show �justifiable need.�

Drake has said his justifiable need is that he runs a business that owns and services ATMs. This requires him to carry large sums of cash.

The lawsuit also includes three other New Jersey residents and two organizations.

The response brief was the latest filed regarding the case. In February, the Wisconsin attorney general, on behalf of 19 states, filed a brief in support of Drake�s cause. The National Rifle Association filed one in support as well.

The brief also argues that New Jersey�s �justifiable need� law and California�s recently struck down �good cause� requirement are �indistinguishable� from one another.

�The salient flaw in both regimes is that an individual interest in self-defense � the core Second Amendment interest � is insufficient to obtain a handgun carry permit; individuals must have some rare, specialized reason for the permit as determined by the licensing authority,� the brief argued.

In an email to his clients, Gura said he expects to have the court decide whether or not to hear the case by the end of the month.

The federal lawsuit was filed in 2010 by Frankford resident and Newton business owner Jeffery Muller, Drake, the New Jersey Second Amendment Foundation, the Association of New Jersey Rifle & Pistol Clubs and others.

It has undergone several name changes since being filed, as previous namesakes received permits.