Federal Appeals Court Upholds New Jersey Concealed Carry Law | Brady Campaign to Prevent Gun Violence

Federal Appeals Court Upholds New Jersey Concealed Carry Law

For Immediate Release • August 1, 2013 • Contact: Media [at] BradyNetwork [dot] org

(Washington, DC) -- In yet another court victory for sensible gun laws, a federal appeals court on Wednesday upheld New Jersey’s restrictions on the carrying of concealed firearms. The U.S. Court of Appeals for the Third Circuit in Drake v. Filko rejected the arguments of the Second Amendment Foundation and the New Jersey Rifle & Pistol Clubs Association that the Second Amendment guarantees the right to carry a weapon, and agreed with arguments by the Brady Center that the law requiring that permit applicants demonstrate a “justifiable need to carry a handgun” is Constitutional. The Third Circuit with this decision joined the First, Second and Fourth Circuits in rejecting corporate gun lobby arguments that the Second Amendment prevents states from restricting the carrying of loaded firearms in public. These Courts have refused to expand the U.S. Supreme Court’s decision in Heller that recognized an individual, non-militia-based right to a firearm in the home for self-defense.

“The Third Circuit’s decision is yet another affirmation that common sense gun laws are perfectly compatible with the Second Amendment,” said Jonathan Lowy, Director of the Legal Action Project at the Brady Center to Prevent Gun Violence. “The Constitution does not require all Americans to live in the corporate gun lobby’s guns-everywhere world, and as the tragic killing of Trayvon Martin showed, the last thing we need is to weaken restrictions on carrying loaded guns in public spaces. Strong gun violence prevention laws like New Jersey’s allow law enforcement to do their jobs effectively, and help save lives.”

The Brady Center’s Legal Action Project filed an amicus brief in the case, which was joined by numerous law enforcement and public interest organizations including Ceasefire NJ, the International Brotherhood of Police Officers, the Major Cities Chiefs Association, the National Association of Women Law Enforcement Executives, the Police Foundation, and New Jersey Million Mom March Chapters of the Brady Campaign to Prevent Gun Violence. The brief was prepared by Adam Levin, S. Chartey Quarcoo, and Matthew Sullivan of the firm Hogan Lovells.


The mission of the Brady organization is to create a safer America for all of us that will lead to the dramatic reduction in gun deaths and injuries that we all seek.

Dan Gross is the President of the Brady Campaign and the Brady Center to Prevent Gun Violence

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