New Jersey Court: Not Sure If Second Amendment Applies Outside of Home

Oh boy.  New Jersey is making waves after the U.S. Court of Appeals for the Third Circuit ruled that a requirement that a citizen demonstrate “justifiable need” for carrying a firearm “does not burden conduct within the scope of the Second Amendment’s guarantee.”


But that’s not the biggest question mark, they added that the court “remains unsettled” as to whether the Second Amendment is even applicable outside one’s home.


The case of Drake v. Filko upheld a New Jersey law that forces citizens to prove why they need a firearm for self-defense—something that should already go without saying.  To put it another way, the citizen must justify his or her freedom.

The outrage over the ruling is understandable.  Citizens shouldn’t be forced to explain why they need a firearm for self-defense.  Criminals looking to mug and assault can be a constant danger.  It isn’t something that a person can predict.

What’s more troubling is the dangerous precedent that this ruling could set.  If future rulings look to Drake v. Filko it could lead to firearms being restricted to households…which would be a clear violation of our Founding Father’s guarantees.

Join the conversation as a VIP Member