DRAKE v. FILKO

No. 12-1150.

724 F.3d 426 (2013)

John M. DRAKE; Gregory C. Gallaher; Lenny S. Salerno; Finley Fenton; Second Amendment Foundation, Inc.; Association of New Jersey Rifle & Pistol Clubs, Inc., Appellants v. The Hon. Rudolph A. FILKO, in his Official Capacity as Judge of the Superior Court of Passaic County; Hon. Edward A. Jerejian, in his Official Capacity as Judge of the Superior Court of Bergen County; The Hon. Thomas V. Manahan, in his Official Capacity as Judge of the Superior Court of Morris County; Superintendent New Jersey State Police; Chief Richard Cook, in his Official Capacity as Chief of the Montville, New Jersey Police Department; Attorney General of New Jersey; Robert Jones, in his Official Capacity as Chief of the Hammonton, New Jersey Police Department.

United States Court of Appeals, Third Circuit.

Filed: July 31, 2013.


Attorney(s) appearing for the Case

David D. Jensen , David Jensen PLLC, New York, NY, Alan Gura [Argued], Gura & Possessky, PLLC, Alexandria, VA, for the Appellants.

Jeffrey S. Chiesa , Attorney General, Gregory A. Spellmeyer , Daniela Ivancikova , Robert T. Lougy , Mary E. Wood [Argued], Office of the Attorney General of New Jersey, Department of Law and Public Safety, Richard J. Hughes Justice Complex, Trenton, NJ, for the Appellees.

Adam K. Levin , Hogan Lovells U.S. LLP, Washington, DC, for the Amicus Appellees.

Before: HARDIMAN and ALDISERT, Circuit Judges, and STARK, District Judge.


OPINION OF THE COURT

ALDISERT, Circuit Judge.

Four New Jersey residents and two organizations (collectively "Appellants") appeal from a judgment of the United States District Court for the District of New Jersey that held constitutional N.J.S.A. § 2C:58-4, a New Jersey law regulating the issuance of permits to carry handguns in public ("Handgun Permit Law"). Appellants contend that the District Court erred...

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