A divided federal appeals court has turned back a constitutional challenge to a New Jersey law that mandates applicants for a carry permit to show they have “justifiable need” to carry a weapon in public.

The law is a “presumptively lawful,” longstanding regulation and therefore does not burden conduct within the scope of the Second Amendment, the U.S. Court of Appeals for the Third Circuit held 2-1 in Drake v. Filko, 12-1150.