Drake v. Filko, No. 12-1150; Third Circuit; opinion by Aldisert, U.S.C.J.; dissent by Hardiman, U.S.C.J.; filed July 31, 2013. Before Judges Hardiman, Aldisert and Stark, District Judge, sitting by designation. On appeal from the District of New Jersey, No. 2-10-cv-06110. [Sat below: Judge Walls.] DDS No. 10-8-xxxx [72 pp.]
In New Jersey, individuals who wish to carry a handgun in public for self-defense must first obtain a license. New Jersey's Handgun Permit Law, N.J.S.A. 2C:58-4, provides that such an individual must apply to the chief police officer in his municipality or to the superintendent of the state police. He must show that he is not subject to any of the disabilities in 2C:58-3c, is thoroughly familiar with the safe handling and use of handguns, and has a justifiable need to carry a handgun. N.J.A.C. 13:54-2.4(d)(1) defines "justifiable need" as the urgent need for self-protection due to specific threats or previous attacks posing special danger to the applicant's life that cannot be avoided by means other than by issuance of a permit to carry. If the applicant meets the requirements, the application is sent to a superior court judge who issues the permit if satisfied that the applicant meets the statutory requirements.
