NO. 19-114 In the Supreme Court of the United States DOUGLAS CIOLEK, Petitioner, v. STATE OF NEW JERSEY, Respondent. On Petition for Writ of Certiorari to the New Jersey Supreme Court BRIEF IN OPPOSITION TO PETITION FOR A WRIT OF CERTIORARI FREDRIC M. KNAPP MORRIS COUNTY PROSECUTOR JOHN K. MCNAMARA, JR. CHIEF ASSISTANT PROSECUTOR COUNSEL OF RECORD MORRIS COUNTY PROSECUTOR’S OFFICE P.O. BOX 900 – COURT STREET MORRISTOWN, NJ 07963-0900 (973) 285-6200
[email protected] AUGUST 22, 2019 COUNSEL FOR RESPONDENT SUPREME COURT PRESS ♦ (888) 958-5705 ♦ BOSTON, MASSACHUSETTS i QUESTIONS PRESENTED Whether the legislative requirement of “justifiable need” for a permit to carry a handgun in public violates the Second Amendment. ii PARTIES TO THE PROCEEDINGS Douglas F. Ciolek is the petitioner, whose appli- cation for a permit to carry a handgun in public was denied, and who was the pro se plaintiff in the proceedings below. Petitioner is an admitted member of the bar of New Jersey. The State of New Jersey was represented in the judicial proceedings below by Prosecutor Fredric M. Knapp, Morris County Prosecutor, in his capacity as Chief Law Enforcement Officer for Morris County. N.J. Stat. Ann. § 2A:158-5 (West 2019). The Attorney General of New Jersey has been provided proper notice, and the Morris County Prosecutor’s Office continues to represent respon- dent through counsel. iii TABLE OF CONTENTS Page QUESTIONS PRESENTED ........................................ i PARTIES TO THE PROCEEDINGS ......................... ii TABLE OF AUTHORITIES ...................................... iv OPINIONS BELOW ................................................... 1 JURISDICTION .......................................................... 2 CONSTITUTIONAL PROVISIONS AND STATUTES INVOLVED ............................. 2 STATEMENT OF THE CASE ...................................