BELLEVUE, Wash., Dec. 22, 2010 /PRNewswire-USNewswire/ -- The Second Amendment Foundation and the Association of New Jersey Rifle and Pistol Clubs have filed a motion for summary judgment in their federal lawsuit that challenges New Jersey handgun carry laws.
SAF and ANJRPC filed the lawsuit last month in federal district court in New Jersey. If this motion is granted, there could be action on the case early in 2011.
"We're challenging New Jersey's unconscionable law that forces citizens to demonstrate some absurd 'justifiable need' in order to exercise a constitutional right to keep and bear arms," said SAF Executive Vice President Alan Gottlieb. "The way Garden State officials consistently abuse their authority to deny handgun licenses under existing statute is simply unconstitutional, and our case will prove that."
"Our papers represent a superb piece of legal work and establish a rock solid foundation for restoring sanity to the way New Jersey treats the fundamental right of self defense," added ANJRPC President Scott Bach. "The right to defend yourself with a firearm outside the home has long been denied in the Garden State, and we intend to change that."
The legal brief filed as part of Monday's summary judgment motion details the legal reasons for overturning New Jersey's carry laws.
"Our partners in New Jersey anticipate opposition from the state Attorney General," Gottlieb said. "We expect a motion for dismissal to be filed by the Attorney General sometime next month."
Since its historic Second Amendment victory in McDonald v. City of Chicago, SAF is also pursuing challenges to similar gun permit law abuses in New York, California, Maryland and Washington, D.C., and has also filed a federal lawsuit challenging North Carolina's Emergency Powers statute, along with several other important Second Amendment cases.
The Second Amendment Foundation (www.saf.org) is the nation's oldest and largest tax-exempt education, research, publishing and legal action group focusing on the Constitutional right and heritage to privately own and possess firearms. Founded in 1974, The Foundation has grown to more than 600,000 members and supporters and conducts many programs designed to better inform the public about the consequences of gun control.
SOURCE Second Amendment Foundation