Friday, May 27, 2011

In New Jersey, Some Justice Is Done

The Second Amendment Foundation sent out the following yesterday afternoon. The lead plaintiff in the lawsuit against the state of New Jersey, Jeffrey Muller was finally granted a handgun carry permit by Judge David Ironson. Back in March, this same judge had denied it. I'm not sure what changed the judge's mind but it is about damn time.


BELLEVUE, WA - A New Jersey judge today announced he will issue a gun permit to one of the plaintiffs in a Second Amendment Foundation lawsuit against several New Jersey officials for deprivation of civil rights under color of law, because applicants cannot show a "justifiable need" for a permit.

SAF Executive Vice President Alan Gottlieb said today this "clearly indicates that our lawsuit is proper, and we are encouraged to press our case to its conclusion."

Morris County Superior Court Judge David Ironson announced after a hearing in his courtroom this morning that a permit will be issued to lead plaintiff Jeffrey Muller. His application had languished for six months before Judge Philip Maenza, a defendant in the federal lawsuit, denied the permit without a hearing on the grounds that Muller did not have a "justifiable need." Muller had been kidnapped by members of a motorcycle gang who threatened to kill him, in a case of mistaken identity. Several suspects have been arrested in that case, and Muller's application for a permit had gained support from local and state police.

"Finally," Gottlieb said, "one judge has done the right thing, but it took a federal lawsuit to make it happen. Our other plaintiffs are pushing ahead with the lawsuit so we can put an end to this practice once and for all."

SAF is joined in the lawsuit by the Association of New Jersey Rifle & Pistol Clubs, Inc. and several private citizens whose applications for permits to carry have been denied generally on the grounds that they have not shown a "justifiable need." One of the remaining plaintiffs is a part-time sheriff's deputy, a second carries large amounts of cash in his private business and another is a civilian employee of the FBI in New Jersey who is fearful of attack from a radical Islamic fundamentalist group. They are represented by attorney David D. Jensen.

"We're moving forward with this case," Gottlieb stated, "because there are far too many people just like Jeff Muller whose civil rights have been cavalierly denied on the whims of a judge."
Ian Argent has some comments on it here. As Ian lives in New Jersey, I think he has a better perspective than most.

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