- The Washington Times - Monday, April 21, 2014

The U.S. Supreme Court has pushed its consideration of a case challenging New Jersey’s mandate that citizens show a “justifiable need” to carry a gun in public for protection to April 25.

The case — which involves John Drake, who runs a Sussex County business that owns and services ATMs, as well as other plaintiffs — had been scheduled to be heard in conference on Friday. But it was not listed on an order list of cases the court has agreed to hear and those it has denied that was issued on Monday.


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An updated schedule for the case released Monday by the court says that it’s been distributed for a private meeting among justices on April 25.

Mr. Drake applied for a handgun permit from New Jersey in 2010 but was rejected on the grounds that he did not have a “justifiable need” to carry one.

A district court and then an appeals court have sided with the state, saying the justifiable need requirement is not an undue burden within the scope of the Second Amendment.

Justices can approve, deny, or take no action on the plaintiffs’ request to have the high court consider the case.

The Supreme Court struck down the District of Columbia’s longstanding handgun ban in 2008, then followed it up with a 2010 ruling that established a personal constitutional right to bear arms for self-defense.

But since then, states have been left trying to figure out just how far those rulings go, as the justices have declined to hear other challenges to state laws restricting gun use in specific ways.

In February, the high court declined to take up two NRA-backed cases that questioned whether the federal government and the states can impose purchase or concealed-carry restrictions on people under the age of 21, and a third case that questioned a federal law that restricts those who aren’t gun dealers from making sales across state lines.

New York and Maryland laws were also upheld by appeals courts. But Illinois’s concealed-carry law was struck down by the 7th U.S. Circuit Court of Appeals in December 2012 as too sweeping.

A February ruling by a panel of the 9th Circuit in California also struck down San Diego’s law requiring concealed-carry permit applicants to demonstrate “good cause” as to why they need a gun for personal safety.