New Jersey Says You Must Have a “Justifiable Need” to Exercise Your Constitutional Rights

Guest post by Brian Kelly

Picture a woman going to register to vote in New Jersey only to find the State has passed a law requiring her to undergo a background check, pay a fee, show proficiency in civics and, after meeting all those requirements, having to write a summary justifying her Need to vote.

Now, after attempting to justify her need to exercise her right (let that statement sink in) she is denied by a judge who has arbitrarily determined that she didn’t have an urgent need to vote.

That judge’s lover and the local police chief’s sister-in-law however have miraculously passed all the above hurtles and can freely exercise that right with gleeful abandon.

Too farfetched? How about in the aftermath of 911, New Jersey passes a law requiring anyone wishing to practice Islam must apply for an Islam permit and show ‘justifiable need’ to pray to Allah. The State justifies this by claiming a large amount of terrorists are Islamic and therefore the Islam Permits will only be issued to very few people in order to protect the public, after all they can’t have NJ turn into the Gaza Strip.

If you find these examples offensive, you should, as they clearly violate an American’s rights guaranteed in the Bill of Rights and no amount of fearful justification merits such infringement. Unfortunately that same, arbitrary, subjective standard applies to most New Jersian’s right to protect themselves and their loved ones in public with a firearm.

New Jersey’s ‘Justifiable Need’ requirement to obtain a carry permit is the self defense equivalent of ‘Separate but Equal’ Jim Crow laws.

In a recent Appeal (http://www.judiciary.state.nj.us/opinions/a3704-11.pdf) the judiciary continued to defend the reprehensible concept of ‘justifiable need’. “applicants for carry permits generally must show “‘an urgent necessity . . . for self-protection’” by pointing to “specific threats or previous attacks demonstrating a special danger to the applicant’s life that cannot be avoided by other means.” Preis, supra, 118 N.J. at 571 (quoting Siccardi, supra, 59 N.J. at A-3704-11T4 17 557).”

Think about that for a second. So in order to show you need to carry a weapon for self-defense, which is a basic human right, guaranteed by the constitution, you have to first suffer an attack. So in the case of the recent Short Hills Mall Shooting, now that the victim is dead at the hands of violent criminals, he might meet the ‘justifiable need’ which doesn’t do him or his grieving family any good now.

It is tantamount to the government claiming you have no justifiable need to carry an umbrella because it isn’t currently raining. Ask yourself why do we as law abiding citizens have to wait until we are raped, beaten and killed before the State can see fit to grant us a right to self-defense which is a basic human right dating back to caveman times?

The other justification sited for the clear infringement on our right to defend ourselves before we are crime statistics is unfounded fear, “And the demonstration of particularized need that serves to limit “widespread handgun possession in the streets, somewhat reminiscent of frontier days, would not be at all in the public interest.” Siccardi, supra, 59 N.J. at 558.”

This is completely proven false by the overwhelming data available from the 41 states that actually allow their citizens to carry concealed weapons, five of which are Constitutional Carry not requiring any separate permit.

They have not turned into the Wild West with people shooting each other over parking spaces. In fact, in every state that has enabled their citizens to protect themselves with a firearm violent crime has gone down across the board. Here in NJ, violent criminals know they have little to fear from their disarmed, helpless victims unlike the majority of the other States in the Union where a criminal cannot be sure their target is defenseless.

The bottom line is, we are on our own and responsible for the defense of ourselves and our loved ones. The Supreme Court ruled that individuals have no right to expect protection from the police. (Castle Rock v. Gonzales, No. 04-278). It was also held the Police do not have a duty to provide police services to individuals (Warren v. District of Columbia). We are on our own when the majority of violent crime occurs and we require the means by which to defend ourselves. You ask for ‘Justifiable Need’ and the answer is simple, self evident and at the core of our founding as a nation.

“We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness”.

If you are uncomfortable and wouldn’t dream of owning, let alone carrying a gun for protection that’s ok. Please, don’t deny law abiding citizens, like myself, the right a large majority of States already afford their citizens. My ability to carry is not only my best chance to protect myself and my loved ones; it could also save you and yours. In conclusion I leave you with the words of Thomas Paine from Thoughts On Defensive War,

“[A]rms discourage and keep the invader and plunderer in awe, and preserve order in the world as well as property. . . Horrid mischief would ensue were the law-abiding deprived of the use of them.”

Hat tip: BadBlue Gun News.

Doug Ross @ Journal

BY POPULAR DEMAND: Obama and Christie: Jersey Shore Memories 2013 BFF Scrapbook

Frickin’ awesomeness from Mad.

[Last last month] President Obama met with Governor Chris Christie to tour parts of the Jersey Shore that were ravaged by Hurricane Sandy. It was a rare display of both bipartisanship and unbridled bromance. We’re happy to report that not only was a splendid time had by all — it was also captured on film!

Doug Ross @ Journal

WONDERFUL: New Jersey Prepares to Ban Shotguns, Ammo Sales, Normal Capacity Magazines… and More!

And given Governor Crispy Creme Cristie’s long history of antipathy to the Second Amendment, don’t expect him to veto any of these bills. After all, it’s for the children, don’tcha know?

This is the worst threat to NJ gun rights in history Your efforts matter most right now!

Buses to Trenton on Wednesday are being planned, But you must register immediately so Arrangements can be finalized… As reported in our last alert, the New Jersey Assembly Law & Public Safety Committee is scheduled to hold hearings on a package of 24 gun bills on Wednesday, February 13 beginning at 10 a.m. in the State House Annex, Committee Room 11, 4th Floor, Trenton, NJ (directions here).

The worst of these bills have the effect of banning all rifle-barreled shotguns, numerous rifles and handguns, most rifle ammunition, and magazines that hold over 10 rounds. Ammunition sales would be severely restricted, logged and reported to the State Police, and internet and catalog sales would be banned.

Unaccountable health practitioners (including nurses, social workers, and marriage counselors!) would be turned into spies with the power to effectively suspend Second Amendment rights and have firearms seized. And the exercise of the Constitutional right to own firearms would be conditioned on proof of having firearms safety training. And that’s just the beginning (see detailed bill analysis here).

It is imperative that gun owners and sportsmen flood the Committee Members with phone calls, faxes, and emails between now and Wednesday morning voicing their opposition to these bills (see legislator contact information below). If you’ve already sent an email, please go the distance and make the extra effort to also send in faxes and make phone calls to each member of the Committee, and please do so on both Monday and Tuesday of this week. The extraordinary challenge we are facing needs an extraordinary response from gun owners and sportsmen.

Then, we need to pack the committee room on Wednesday with a show of unity and strength to make sure that legislators who won’t see the light will definitely feel the heat.Everyone will not get to testify, and this will not be a rally, but we need to all be there in a courteous and respectful show of strength. Bus transportation is being planned and coordinated in a joint effort between ANJRPC and NJ2AS. Click here for information and to register – we need to know if you’re coming ASAP so we can finalize arrangements.

On Monday and Tuesday, please call, fax, and email every member of the Assembly Law & Public Safety Committee (listed below). Tell them to vote no on these extreme gun and ammunition bans and other new anti-gun measures, and urge them to instead support meaningful measures to address school safety and the mental health system. Tell them that their proposals will not prevent another tragedy, because criminals and madmen who already ignore New Jersey’s thousands of gun laws will not follow another new law.

AmmoLand has the list of legislators to call and email. I don’t care if you don’t live in New Jersey. Help out, please. Your state may be next if these would-be tyrants have their way.

Hat tip: BadBlue Gun News.

Doug Ross @ Journal