Mark Cheeseman v. Joseph Polillo, Chief of Police, City of Glassboro, New Jersey, et al.
SecondAmendment JusticiabilityDoctri
Whether States can limit the ability to bear handguns outside the home to only those found to have a sufficiently heightened 'need' for self-protection
QUESTION PRESENTED The State of New Jersey broadly prohibits people from carrying or otherwise possessing handguns for the purpose of personal protection—anywhere but in their homes, businesses or on their own property—unless they obtain a permit. But to obtain this permit, an individual must be able to demonstrate “justifiable need to carry a handgun,” which the State defines as “the urgent necessity for self-protection, as evidenced by specific threats or previous attacks which demonstrate a special danger to the applicant’s life that cannot be avoided by means other than by issuance of a permit to carry a handgun.” Except for the miniscule number of people who are able to meet this standard, the “need” requirement stands as a ban to bearing handguns in New Jersey. The question presented is whether States can limit the ability to bear handguns outside the home to only those found to have a sufficiently heightened “need” for self-protection.