New Jersey Second Amendment Case

The is some chatter about a new Second Amendment case from New jersey reported as holding that there is no Second Amendment right to own a firearm.

The new case is In the Matter of Anthony Dubov. Apparently New jersey requires one to get a permit to own a firearm. Dubov applied for such a permit, but the sheriff denied the permit. The case involves Dubov's appeal from that denial. In the case, the court remanded the the appeal, because the trial court failed to follow the proper procedure in denying the appeal.

Based upon some dictum in Heller, the court did state that Heller did not address or invalidate licensing laws. However, this statement by the new jersey court was mere dictum and surplusage, because by the time the court made that statement, the court had already decided to send the case back to the trial court.

In looking at case law, the law of the case is in the holding, in this case that the trial court failed to follow the proper procedure. The statements about the effect (of lack of effect) of Heller on New Jersey licensing is not a statement of law, but gratuitous statements by the court. A political statement, in a way. Perhaps a statement of defiance against the Heller decision.

In any event, I don't think it means much. If there is an individual right to keep and bear arms, there has to be a right to purchase arms.


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