PISZCZATOSKI v. FILKO

Civ. No. 10-06110 (WHW).

840 F.Supp.2d 813 (2012)

Daniel J. PISZCZATOSKI; John M. Drake; Gregory C. Gallaher; Lenny S. Salerno; Finley Fenton; Second Amendment Foundation, Inc.; and Association of New Jersey Rifle & Pistol Clubs, Inc., Plaintiffs, v. The Hon. Rudolph A. FILKO, in his Official Capacity as Judge of the Superior Court of Passaic County; The Hon. Edward A. Jerejian, in his Official Capacity as Judge of the Superior Court of Bergen County; The Hon. Thomas A. Manahan, in his Official Capacity as Judge of the Superior Court of Morris County; Col. Rick Fuentes, in his Official Capacity as Superintendent of the New Jersey State Police; Chief Robert Jones, in his Official Capacity as Chief of the Hammonton, New Jersey Police Department; Chief Richard Cook, in his Official Capacity as Chief of the Montville, New Jersey Police Department; and Paula T. Dow, in her Official Capacity as Attorney General of New Jersey, Defendants.

United States District Court, D. New Jersey.

January 12, 2012.


Attorney(s) appearing for the Case

David Douglas Jensen , David Jensen PLLC, New York, NY, for Plaintiffs.

Gregory A. Spellmeyer , Office of the NJ Attorney General, Trenton, NJ, Paul L. Abramo , Newton, NJ, for Defendants.


OPINION

WALLS, Senior District Judge.

This case presents a facial challenge to the constitutionality of the New Jersey law governing permits to carry handguns. The challenged provisions in N.J. Stat. § 2C:58-4 and the attendant regulations (the "Handgun Permit Law") require permit applicants to demonstrate a "justifiable need to carry a handgun," first to a police official and then to a Superior Court...

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