He's got a face you just want to pinch. Hard.
Posted on 03/31/2020 4:25:39 AM PDT by COBOL2Java
BELLEVUE, WA – In a move directly linked to the ongoing COVID-19 pandemic, the Second Amendment Foundation has filed a federal lawsuit against New Jersey Gov. Philip D. Murphy and State Police Supt. Patrick J. Callahan, asserting violation of civil rights under color of law by shutting down firearms dealerships in the Garden State, thus preventing citizens from exercising their rights under the Second and Fourteenth amendments.
Murphy and Callahan are being sued in their official capacities. The case, which was filed in the U.S. District Court for the State of New Jersey is known as Kashinsky v. Murphy.
Joining SAF in this action is the New Jersey Second Amendment Society, on behalf of Robert Kashinsky and Legend Firearms, a gun shop in the state. They are represented by noted civil rights attorney David Jensen.
Kashinsky sought to purchase a firearm for personal protection during the current crisis, but Murphy issued Executive Order 107 on March 21, which ordered all non-essential retail businesses closed to the public. The order does not include licensed firearms dealers on its list of “essential” businesses that may continue operating during the crisis.
“In order for New Jersey residents to purchase firearms,” noted SAF founder and Executive Vice President Alan M. Gottlieb, “they must go through a licensed firearms retailer and pass a background check. However, Murphy’s order was subsequently followed by a notice posted on the State Police website that the agency is no longer conducting background checks.
“Gov. Murphy cannot simply suspend the Second Amendment, and neither can Supt. Callahan,” he continued. “Yet, under this emergency order, that’s exactly what they’re doing. The Constitution, and federal law, don’t allow that. New Jersey may have been the first state to ratify the Bill of Rights, but they’re the last state to recognize it.”
The lawsuit seeks an injunction restraining the defendants and everyone acting on their behalf from enforcing Executive Order 107 “to the extent it operates to flatly prohibit the purchase and sale of firearms and ammunition.”
Be filled with joy tho SAF, abortions are still deemded essential. GG. /s
I would suggest that if the state agency doing background checks aren’t capable of performing their duty...then their function has gone away, and they no longer exist. You can free up the pay situation, the cost of their agency, and hand the funds back to the state government. Things can therefore go back to the non-background check period, and weapons can be sold without that element.
The state court should send the clear message here...either do your job, or stand aside.
What does seem odd...of the 100-odd critical functions to support the public in this period of chaos...they seem to have no idea who they support or what they should be doing.
I just read the NJ governor is reopening gun shops because of “federal guidelines.”
Yep
N.J. GOV. MURPHY BACKS DOWN, ALLOWS GUN SHOPS BACK OPEN IN SAF VICTORY
Exactly. The “federal guidelines” pretty much guaranteed that he would lose the lawsuit.
He's got a face you just want to pinch. Hard.
“...He’s got a face you just want to pinch. Hard......”
Yep. AINO: American In Name Only.
He looks like one of the members of the old Soviet Politburo.
I’m glad to see my SAF membership dues being put to good use. The SAF is really good with cases like this and has beaten several gun grabbers’ brains in once these cases went to court. The precedent has been well established. No, you cannot just deny a constitutional right by fiat.
So where is the NRA? They collect a lot of membership money; they should be co-suing.
New Jersey law has had that effect for maybe 50 years or more. You may not possess a firearm without possessing state permission in the form of a permit to purchase. A firearm you legally possess may not be carried outside your home or business without a permit to carry. To obtain a carry permit you must prove a NEED to be armed. The proof is almost never considered sufficient, unless of course you are among the "connected".
I've tried several times over the years to search the number of carry applications submitted and the number of permits granted but could find no data on either. There are 8 reasons for denial on the permit form. I listed them here:
A. CRIMINAL RECORD
B. PUBLIC HEALTH SAFETY AND WELFARE
C. MEDICAL, MENTAL OR ALCOHOLIC BACKGROUND
D. NARCOTICS/ DANGEROUS DRUG OFFENSE
E. FALSIFICATION OF APPLICATION
F. DOMESTIC VIOLENCE
G. LACK OF JUSTIFIABLE NEED
H. OTHER (SPECIFY)
Any bets that G is the most common "reason" given in denials?
It is absolutely essential that Trump win in November and that we hold the Senate. Thomas and Alito could each retire. Breyer and Ginsburg are unlikely to make it another 4 years and as for the Wide Latina, she could croak at any moment. I could easily see whoever wins the White House in November getting to appoint 2, maybe even 3 Supreme Court Justices.
Clear infringements on our 2nd Amendment rights like what you described in New Jersey and the rest of the communist states can only be stopped by Supreme Court decisions. We need to replace at least a couple of the Gang of Four. Only then will our constitutional rights be secure. Only then will we be able to sweep away the unconstitutional gun grabbing.
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