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NJ Court Upholds 2A Rights & NH Non-Resident Carry Update
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 On June 8, 2017, the New Jersey Supreme Court for the first time upheld the Second Amendment rights of New Jerseyans inside the home, in a case called State v. Montalvo (click here for a copy of the decision).

A citizen who came to the door of his apartment with a machete in his hand was charged with unlawful possession of a weapon under N.J.S. 2C:39-5(d) - possession of a weapon “under circumstances not manifestly appropriate for such lawful uses as it may have.”

A lower court instructed the jury that possession of a weapon such as a machete before the immediate need for self-defense is unlawful, and that only spontaneous possession at the actual moment self-defense is needed satisfies the law. Thus, picking up the machete and bringing it to the door with him violated the law, according to the lower court.

The Supreme Court disagreed. The Court ruled that possession of weapons in the home has a special status under the Second Amendment and that otherwise lawful items can be possessed as weapons in the home without having to wait for the immediate and spontaneous need for self-defense to arise.

Although the Court distinguished this case from previous cases arising outside the home (where the Court apparently still imposes a spontaneity requirement for possession of weapons), this decision nevertheless marks the first time the New Jersey Supreme Court has favorably applied the Second Amendment in a manner that rolls back aspects of New Jersey law that restrict New Jerseyans' right to keep and bear arms.

(Thanks to Attorney Dan Schmutter, Esq. for providing this update).

 

 

Since ANJRPC’s 2016 victory in Bach v. New Hampshire (striking down NH's requirement that a non-resident have a home state carry permit in order to qualify for a NH non-resident permit), ANJRPC has been working with New Hampshire authorities to establish application procedures that comply with the State Supreme court decision, to ensure that New Jerseyans and residents of other anti-gun states would be able to qualify for the non-resident permit. 

ANJRPC is pleased to report that the proper procedures are now in place, New Hampshire's forms have been properly updated, and New Jersey residents can confidently apply for a NH non-resident carry permit without the risk of being declined because they do not have a home state NJ permit.  The non-resident application can be downloaded from the NH state website here, which explicitly credits Bach v. New Hampshire for the change in bold type!




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