Cheeseman on Justifiable Need & Convicts Out! Reflections of SCOTUS Petitioner Case #19-27

Op-Ed by Mark Cheeseman for Black Wire Media

When I filed petitions and counter arguments for my case against the state of New Jersey for carry of a firearm, the state and/or county always argued that the presumptively lawful justifiable need statute was in the interest of public safety.

Handgun regulations are treated as longstanding constitutional, presumptively lawful, and the N.J. Legislative branch has always upheld the rationing of weapons carry permits.

Presumptively lawful means they presume rations of permits are lawful. In other words your constitutional right to self defense with a handgun is presumed to be UNLAWFUL. So “Justifiable Need” and all that goes with it is also presumed to be lawful.

Yet this week the New Jersey legislators have decided that releasing offenders from JAIL is somehow in the interest of public safety. There were actually a number of new bills presented and voted on that all specifically lean towards early release of individuals incarcerated.

Far be it from me to decide on who’s guilty or not. That’s the job of our justice system. Fact is our justice system already convicted certain individuals including sexual predators (and minor assault offenders) as guilty. Now they’re deemed no longer a public threat due to Covid-19.

Do I get a pass on a gun charge ? NO!

Do I get a pass on defending myself or my family if need be in public? NO!

The justifiable need statute and all its components are now considered null and void by default. Look at the news where I live. “Special danger”, a term I’ve been fighting for years, a bar upon which the granting of carry permits is weighed, is now just a simple trip to Walmart. Urgent necessity is here and now!

If legislators and judges in New Jersey are going to ignore the constitution then we certainly need to re-think how much weight a statute holds.


Mark Cheeseman was and will always remain a history-making NJ gun owner. His tireless efforts on behalf of every NJ resident to bring truth, justice and hope to us all will never be forgotten. As a Petitioner to the U.S. Supreme Court with case #19-27, he led us on a journey to right wrongs. As a CNJFO Patriot Pin recipient, Cheeseman has set an example for others to follow. His courage, commitment, and love for his country cannot be measured. This is his first Op-Ed for us. We hope reading it helps shine a light into the darkness, for it is up to each of us to be READY for whatever lies ahead!

—The Editor

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