On August 13th, 2021, the United States Court of Appeals for the Third Circuit reversed a decision made by the District Court of New Jersey to halt the implementation of a new gun law. The law, which was signed by Governor Phil Murphy in June of 2018, requires individuals seeking to obtain a permit to carry a handgun to demonstrate a “justifiable need” for doing so.
The law was met with immediate opposition from gun rights advocates who argued that it violated their Second Amendment rights. In response, the Association of New Jersey Rifle and Pistol Clubs filed a lawsuit against the state, claiming that the law was unconstitutional.
In December of 2018, the District Court of New Jersey granted a preliminary injunction, halting the implementation of the law until the case could be fully litigated. However, on August 13th, 2021, the United States Court of Appeals for the Third Circuit reversed that decision, allowing the law to go into effect.
The court’s decision was based on its interpretation of the Supreme Court’s landmark decision in District of Columbia v. Heller. In that case, the Supreme Court held that the Second Amendment protects an individual’s right to possess a firearm for self-defense in the home. However, the court also noted that this right is not unlimited and can be subject to reasonable regulation.
The court in this case found that New Jersey’s “justifiable need” requirement was a reasonable regulation that did not violate the Second Amendment. The court noted that the requirement did not ban handguns or prevent individuals from owning them for self-defense in their homes. Instead, it simply required individuals to demonstrate a specific need for carrying a handgun in public.
The court’s decision is a significant victory for gun control advocates who have long argued that stricter regulations are necessary to reduce gun violence. It also highlights the ongoing debate over the scope of the Second Amendment and the extent to which states can regulate firearms.
While the decision is a significant victory for gun control advocates, it is likely to be appealed to the Supreme Court. The Supreme Court has not issued a major Second Amendment decision since 2010 and has been reluctant to take up cases involving gun regulations in recent years. However, with the court’s recent shift to the right, it is possible that it may take up this case and issue a landmark decision on the scope of the Second Amendment.