Wednesday, February 20, 2019

A Sign Of Things To Come?

Rogers et al v. Gurbir Grewal et al is a case from New Jersey that is a challenge to the state's may-issue concealed carry law. It is currently on appeal to the Supreme Court seeking a writ of certiorari after the Third Circuit said New Jersey's law met intermediate scrutiny.

In late January, the attorneys for New Jersey filed a waiver saying they didn't intended to file a response to the petition for a writ of certiorari by Thomas Rogers and the New Jersey Association of Rifle and Pistol Clubs. This could be taken as a sign that New Jersey fully expected the Supreme Court to summarily deny the petition for a writ of certiorari.

As reported earlier today, the Supreme Court has now issued an order requiring New Jersey to file a response by March 21st.

The Association of New Jersey Rifle and Pistol Clubs issued a release yesterday that said, in part:
Today, the U.S. Supreme Court required the State of New Jersey to file a brief in response to ANJRPC's petition asking the High Court to hear its challenge to NJ's carry laws. Under the Supreme Court's order, the State of New Jersey is required to file papers by March 21, arguing why the High Court should not agree to hear ANJRPC's appeal. NJ had previously ignored the appeal.

While the move is not a guarantee that the Supreme Court will agree to hear the appeal, the fact that the court is requiring NJ to take a position on ANJRPC's request is significant, and signals that the court is not willing to take any action without first hearing from both sides.
The case has attracted a number of amicus briefs on behalf of Rogers and ANJRPC. These include briefs from the National African American Gun Association,  a number of law enforcement groups and state gun associations, the Second Amendment Foundation, the National Rifle Association, and the American Civil Rights Union. There is also an amicus brief in support of Rogers from the attorney generals and governors of 24 states which was organized by Arizona Attorney General Mark Brnovich.

As the petition for the writ notes, Mr. Rogers met all the requirements for a carry permit from the state of New Jersey with the exception of showing a direct threat to his life. He has been robbed at gun point and manages an ATM service company which, by definition, involves large amounts of cash. Police in Wall Township, NJ agreed he met the training eligibility requirements but "he failed to show Justifiable Need."

One can only hope that this move by the Supreme Court is a positive sign and that they will finally take up a carry case. This is especially true as there are diverging opinions between the circuits as well as a divergence in the proper level of scrutiny.


  1. I've seen NJ listed as state that has concealed carry. Well, that's technically true, but incredibly misleading since it is close to impossible for the average person to obtain one. Each permit requires approval of a superior court judge and the standard is "justifiable need" as noted above. The state's idea of "justifiable" is not the one you'd find in the dictionary - that's for sure. Law abiding citizens are treated like criminals here in NJ - and the general population is OK with this since they don't know any better.

  2. There are reasons why I call the state The People's Democratic Socialist Republic of New Jersey. Mr. Rogers even having to ask the state for the basic right to defend himself is one reason why. When he has already been a victim of the Socialist laws in the state and then the state, via it's agency, denies his Second Amendment right again is another reason. New Jersey is behind the Blue Curtain, just like New York, Kalifornia and others. The willfully ignorant, fellow travelers and "useful idiots" keep electing these Socialist regimes.

  3. This one should make it all the way!

  4. We might soon know whether it was Kennedy or Roberts that has been the fly in the 2A ointment.

  5. Tom,

    A better quality listing of state laws differentiates between shall issue and may issue. There's a decent map at

    For a map that shows where you can carry based on your permits, go here