In a case over New Jersey’s requirement that a citizen demonstrate “justifiable need” for a carrying a firearm before receiving a concealed carry license, the U.S. Court of Appeals for the Third Circuit ruled that such a requirement “does not burden conduct within the scope of the Second Amendment’s guarantee.” The court also said “it remains unsettled” whether the Second Amendment is even applicable outside one’s home.
Filed on July 31, 2013, the ruling in Drake v. Filko upheld New Jersey’s practice of placing the burden of proof upon the citizen. In other words, the citizen who wants to carry a gun for self-defense must demonstrate why doing so is necessary for him or her. In simple terms, the citizen must justify being free.
That runs contrary to previous rulings in other circuits, such as on March 6, 2012 when U.S. District Judge Benson Everett Legg ruled against Maryland’s requirement that citizens who wanted a concealed carry permit had to demonstrate a “good and substantial reason” for getting one. Overturning this New Jersey-like requirement, Legg ruled: “A citizen may not be required to offer a ‘good and substantial reason’ why he should be permitted to exercise his rights. The right’s existence is all the reason he needs.”
Read More at Breitbart . By AWR Hawkins.