PAUL L. ABRAMO, ESQ. (PA9199) 

93 Main Street 

PO Box 12 

Newton, New Jersey 07860-0012 

Phone: (973) 940-0600 

Fax: (973) 940-0601 

Steven W. Dulan Esq. (P54914) 

1750 East Grand River Ave. Ste. 101 

East Lansing, MI 48823 

Phone: (517) 333 -7132 

Fax: (517) 333 -1691 

Counsel for Amici Curiae, 

MCRGO and NJCSD 

 

 UNITED STATES DISTRICT COURT 

 DISTRICT OF NEW JERSEY 

______________________________________________________________________________

JEFFREY M. MULLER; DANIEL J. PISZCZATOSKI; 

JOHN M. DRAKE; GREGORY C. GALLAGHER; 

LENNY S. SALERNO; FINLEY FENTON; 

SECOND AMENDMENT FOUNDATION, INC.; and No. 2: 10-CV-6110 (WHW) (CCC) 

ASSOCIATION OF NEW JERSEY RIFLE & PISTOL 

CLUBS, INC., 

 

 Plaintiffs, 

v. Hon. William H. Walls 

THE HON. PHILIP J. MAENZA, in his Official Capacity 

as Judge of the Superior Court of Morris County; THE 

HON. RUDOLPH A. FILKO, in his Official Capacity as 

Judge of the Superior Court of Passaic County; THE HON. 

EDWARD A. JEREJIAN, in his Official Capacity as Application of Amici Curiae

Judge of the Superior Court of Bergen County; THE HON. Michigan Coalition for

THOMAS A. MANAHAN, in his Official Capacity as Responsible Gun Owners

Judge of the Superior Court of Morris County; COL. RICK (MCRGO)and New Jersey

FUENTES, in his Official Capacity as Superintendent of the Coalition for Self Defense 

 New Jersey State Police, CHIEF FRANK INGEMI, in his (NJCSD) for Leave to File

Official Capacity as Chief of the Hammonton, New Jersey an Amicus Brief in Support

Police Department, CHIEF RICHARD COOK, in his of Plaintiffs

Official Capacity as Chief of the Montville, New Jersey 

Police Department; and PAULA T. DOW, in her Official 

Capacity as Attorney General of New Jersey, 

 Defendants. 

_____________________________________________________________________________________ 

Case 2:10-cv-06110-WHW-MCA Document 30 Filed 02/18/11 Page 1 of 4 PageID: 313
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Through undersigned counsel, the Michigan Coalition for Responsible Gun Owners, and 

the New Jersey Coalition for Self Defense do hereby apply to the Court for leave to file a Brief 

as Amici Curiae in this case for the facts and reasons stated below. The proposed Brief is 

attached hereto as Exhibit A for the convenience of the Court and counsel. 

INTEREST OF AMICI 

Amicus New Jersey Coalition for Self Defense is the first and only New Jersey volunteer 

citizen's non-profit organization, founded in 2003, whose mission is to perform a public 

education service with respect to our Civil, Human, and Constitutional right to keep and bear 

arms and to provide training and education on practical principles of effective self defense for 

personal, family and public safety. Our objective is to effect positive change in New Jersey's 

current public policy of discouraging, penalizing, and criminalizing, legitimate and necessary 

acts and methods of self defense through legislative initiatives, grassroots activism, statewide 

public information campaigns, and legal action. 

Amicus Michigan Coalition for Responsible Gun Owners is the largest state-based gun 

rights advocacy group in the United States and has been in existence for over 10 years. MCRGO 

is a non-partisan group whose board members include elected officials of both major parties 

serving as County Sheriffs, State Representatives, and State Senators. The MCRGO's mission is 

to support the individual citizen's right to own and carry firearms for self-defense and other 

lawful purposes in Michigan and elsewhere by advocating and supporting right to carry 

reciprocity with other states. The vast majority of jurisdictions in the United States now 

recognize Michigan Concealed Pistol Licenses, and efforts are underway to create similar 

agreements in the remaining jurisdictions. 

Case 2:10-cv-06110-WHW-MCA Document 30 Filed 02/18/11 Page 2 of 4 PageID: 314
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The proposed brief provides an overview of recent and longstanding Supreme Court 

Second Amendment jurisprudence, the Constitutional bases requiring the recognition of a right 

to carry firearms in public, and addresses an open question that has resulted from this 

jurisprudence and plagued New Jersey’s scheme for permitting exercise of the right to carry 

firearms in public as that scheme has been implemented by statute and practice for more than 

forty (40) years last past. This amicus brief also addresses open questions relating to New 

Jersey’s “justifiable need” requirement for obtaining a permit to carry firearms, illuminates why 

such requirement is unreasonable and unconstitutional, and addresses the matter of delegating 

the discretion to determine “justifiable need” as a de facto unconstitutional exercise of discretion 

by law enforcement personnel, rather than by the judiciary, in consequence of which the 

regulations and practices developed under the statute have resulted in persistent violations of the 

Second Amendment’s right to bear arms. 

District courts have inherent power to grant third parties leave to file briefs as amici 

curiae, particularly if they “deem[] the proffered information timely and useful.” Yip v. Pagano, 

606 F. Supp. 1566, 1568, aff’d, 782 F.2d 1033 (3rd Cir. 1986) (internal quotations omitted). Here, 

amici bring a broad and deep perspective to the issues raised by this case and have a compelling 

interest in the federal court’ interpretation of Second Amendment issues. Amici thus respectfully 

submit the attached brief to assist the Court with the constitutional issues in this case, including 

important matters of first impression in New Jersey under the Second Amendment. 

Amici, therefore, respectfully request the grant of leave to submit the attached Brief to 

assist the Court in deciding the complex and significant issues raised in this case. 

Case 2:10-cv-06110-WHW-MCA Document 30 Filed 02/18/11 Page 3 of 4 PageID: 315
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February 18, 2011 Respectfully Submitted, 

 s/Steven W. Dulan 

 ______________________________ 

 Stevem W. Dulan, Esq. 

 The Law Office of Steven W. Dulan, PLC 

 Counsel for Amicus Curiae, 

 Michigan Coalition for Responsible 

Gun Owners (MCRGO) 

 1750 E. Grand River Ave., Ste. 101 

 East Lansing, MI 48823 

 Phone: (517) 333-7132 

 Fax: (517) 333-1691 

 s/Paul L. Abramo 

 ______________________________ 

 Paul L. Abramo, Esq. (PA-9199) 

 The Law Office of Paul L. Abramo, Esq. 

 Counsel for Amicus Curiae, 

 New Jersey Coalition for Self Defense 

 (NJCSD) 

 93 Main Street 

 PO Box 12 

 Newton, NJ 07860 

 Phone: (973) 940-0600 

 Fax: (973) 940-0601 

 

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