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United States Third Circuit

Drake v. Filko, 12-1150

Judgment that held constitutional a New Jersey law regulating the issuance of permits to carry handguns in public is affirmed, where: 1) the district court correctly determined that the requirement that applicants demonstrate a "justifiable need" to publicly carry a handgun for self-defense qualifies as a "presumptively lawful," "longstanding" regulation and therefore does not burden conduct within the scope of the Second Amendment's guarantee; and 2) the district court correctly determined that even if the "justifiable need" standard fails to qualify as such a regulation, it nonetheless withstands intermediate scrutiny and is therefore constitutional.

Appellate Information

  • Decided 07/31/2013
  • Published 07/31/2013




  • United States Third Circuit


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