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BURTON v. Sills

Supreme Court of New Jersey · 248 A.2d 521

Decided

👎Unfavorable to gun rights

Upheld New Jersey's gun control licensing and permit scheme against a facial attack.

GunMapUSA assessment of the outcome's direction, not a statement that the court decided rightly or wrongly.

What the court held

Sportsmen's clubs, gun dealers, and a shooting association sought to have New Jersey's 1966 Gun Control Law declared unconstitutional in its entirety, arguing it delegated standardless discretion to police officials, compelled self-incriminating disclosures, and abolished a basic right. The New Jersey Supreme Court affirmed the lower courts and upheld the law, finding the "public health, safety or welfare" standard sufficient when read to address individual unfitness, that the disclosure requirements are regulatory rather than aimed at a group inherently suspect of crime, and that licensing and permit requirements are a valid exercise of the police power. Challenges to particular subordinate provisions were left for cases with concrete records.

Summarized from the court's opinion.

What this case is about

constitutional challenge to New Jersey's gun control law regulating firearm purchase and possession

GunMapUSA summary of the issue, not a quotation from the court.

Key Dates

Read the full opinion The complete text of the court's decision, reproduced in full.

Sources

Summary of public court records. Not legal advice.