N.J. Court Says Americans Have No Right To Buy Handguns

CBSNews.com ^ | October 28, 2009 | Declan McCullagh

[neverdem]

A New Jersey appeals court has concluded that Americans have no Second Amendment right to buy a handgun.

In a case decided last week, the superior court upheld a state law saying that nobody may possess "any handgun" without obtaining law enforcement approval and permission in advance.

[DCBryan1]

Time to feed the hogs.

Any Henry Bowman types in NJ?

[gimme1ibertee]

The “constitutionality” of the state law? That would be laughable if it wasn’t so outrageous. This needs to be shot down (no pun intended,at least, I don’t think so,anyhow) ASAP!!

[vpintheak]

Unbefreakinlievable! And a UNANIMOUS decision? What in the sam hill is going on in that insane state? Listen, if there are sane people in NJ, you can come to live in Alaska OK?

[Doogle]

...but if you go to ANY MAJOR city in New Jersey ...you can steal as many as you want!!

[Always Right]

Can we make people who want an abortion to get a permit?

[GeronL]

They say: "No person shall sell, give, transfer, assign or otherwise dispose of, nor receive, purchase, or otherwise acquire a handgun unless the purchaser, assignee, donee, receiver or holder... has first secured a permit to purchase a handgun as provided by this section."

Does this apply to all 10 of the first amendments?

Do I also need a license to have freedom of speech? government approval to have freedom of the press? City permit to have freedom of assembly? Do I need a certificate to keep federal troops from quartering in my home?

Where does this reasoning end?

[Glenn]

Accordingly, the trial court's affirmance of the police chief's denial of appellant's application for a firearms purchase permit is reversed, and the case is remanded for an evidentiary hearing in conformity with this opinion.

Huh?? Looks like a win for the good guys to me. Is the headline wrong?

[RC2]

The Constitution does not specify what type of gun you can own. They are making things up now.

[KoRn]

.

[Gargantua]

When the ski-masked weasels kick in his door, duct tape Judge Skillman to the furniture, and then rape his wife in front of him, I'll bet ole Stevie will change his mind about the right to own a handgun. Might be too late, though.

The unintended consequences of Liberal Bullsh*t are the havest of bitter seeds sown, indeed.

;-/

[neverdem]

IMHO, this is just an argument about due process in NJ so far, idiotic comments about the article just because the author works for CBS notwithstanding.

This author strikes me as pretty sharp and pro Second Amendment in at least a few articles so far.

[Erik Latranyi]

All it takes is for Kennedy to say the Second Amendment is not incorporated for rulings like this to stand.

One man has that much power.

[Recon Dad]

Right now the Supreme Court is reviewing a Chicago decision that if decided on the lines of Heller will over turn the NJ ruling.
The way I read the Supreme stance on the Chicago ruling before them now is that they are pissed that they even have to revisit this again. These local rulings are the nitpicking types that will get slapped down fast.

[Domandred]

has no impact upon the constitutionality of" the state law.

The Constitution is the SUPREME law of the land. It has every impact on State Law where the Constitution specifically states or enumerates rights and privileges by the 2nd and 10th Amendments.

2nd Amendment: A well regulated Militia, being necessary to the security of a free State, the right of the People to keep and bear Arms, shall not be infringed.

10th Amendment: The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

By the 10th if a power is not mentioned then it's reserved to the States. If a power is mentioned or prohibited (2nd Amendment) then it applies to the Nation as a whole, not to be picked and chosen which to follow by the States.

States cannot pick and choose which Amendments and Constitutional clauses they want to follow, though I would love it if Idaho ignored that pesky 16th Amendment.

[Le Chien Rouge]

I’m betting that Judge Skillman, like most of the ‘important’ people like Hollywood celebs and political figures, will be allowed to have a gun or armed guards in their presence.

Gun Laws are for the little people.

[neverdem]

"Accordingly, the trial court's affirmance of the police chief's denial of appellant's application for a firearms purchase permit is reversed, and the case is remanded for an evidentiary hearing in conformity with this opinion."

Huh?? Looks like a win for the good guys to me. Is the headline wrong?

It's a win for Dubov because he was denied due process according to the appellate decision. The headline is still correct. This decision ignored whether Heller applied to NJ.

[muawiyah]

We are discussing New Jersey here, not a civilized place at all where people have rights and such.

Frankly, best bet is to stay away from the place.

[Jack Hammer]

Evidently, there’s a judge somewhere in New Jersey who feels more competent to assess the law than the USSC.

Brain-dead egomania writ large, coupled with jaw-dropping ignorance.

[ExSoldier]

Frankly, best bet is to stay away from the place south of the Mason-Dixon Line. There, fixed it.

[GeorgiaDawg32]

When the ski-masked weasels kick in his door, duct tape Judge Skillman to the furniture, and then rape his wife in front of him, I’ll bet ole Stevie will change his mind about the right to own a handgun.

I’ll bet your paycheck that this Judge already has a weapon with which to defend himself. It’s the little people that have to talk mean to stop crime..”Stop committing that crime or I’ll tell you to stop again”..

[elcid1970]

New Jersey - where the state bird is the upraised middle finger.

[LearsFool]

Evidently, there’s a judge somewhere in New Jersey who feels more competent to assess the law than the USSC.

Evidently, this self-important "judge" feels he's more competent to assess my rights than I am.

He's mistaken. Self-evident truths don't need a judge's imprimatur.

[cranked]

No Second Amendments rights..........riiiiight.....

[Landru]

A NJ court, ruling again, on that which has been ruled on repeatedly the polar opposite.

[Mariner]

This goes back to the Incorporation issue.

The USSC will settle this by Spring...and, I hope, favorably.

If the 2nd is "Incorporated", it will probably be done in a manner that allows state and local legislators to adjust.

However, they will be put on notice immediately...and they will be subject to Federal Civil Rights lawsuits from the day of the decision onward should they decide to continue to enforce their unconstitutional laws:)

[P-Marlowe]

Evidently, there’s a judge somewhere in New Jersey who feels more competent to assess the law than the USSC.

Actually if you read the opinion it is actually in line with Heller. Heller did not prohibit the states or even the DC from enacting reasonable regulations in regard to who and under what circumstances firearms can be purchased or carried. They did state that blanket prohibitions are prohibited and that regulations must be fairly narrowly tailored and evenly applied.

I think the headline of this story is misleading. Clearly not all Americans have a right to purchase handguns. Felons and certifiably insane people or people who have been forcibly hospitalized for suicide should not be purchasing handguns.

The problem in this case was that the police refused to give the plaintiff the permit and the reasoning given was too broad and thus it was deemed to have violated the plaintiff's due process rights.

We haven't seen the end of this story.

[vetvetdoug]

This is just the rock that hits the water. The rings are going to radiate outwardly as Obama and his ilk begin the destruction of personal rights.

[gimme1ibertee]

Let's hope so. We're really going to have to stay on top of this stuff.
Bad enough the regime wants to take over and control everything else in our lives....when they start messing with our Second Amendment rights,well,look out.
Good people are NOT going to stand idly by and allow that to happen.

[greatdefender]

N.J. Court Says Americans Have No Right To Buy Handguns

YES! criminals can’t buy handguns also in NJ!

WAIT A MINUTE........................

[bmwcyle]

It is time to attack across the river again.

[ml/nj]

may possess "any handgun" without obtaining law enforcement approval and permission in advance

Unless they work for the Federal Government, I think.

ML/NJ

[DTogo]

The NJ Courts have formally joined the march towards a Second American Revolution/Civil War.

[Thunder90]

Time to sue in Federal court....

[GonzoGOP]

N.J. Court Says Americans Have No Right To Buy Handguns

OK handguns are out. How about heavy machine guns and artillery. They don't seem to be mentioned.


Hey I want one for home defense and varmint removal.

[Tzimisce]

You have a right to free speech, but we can tell you where you have to stand and how long you can talk.

You have a right to free press, but we can dictate where you write it.

You have a right to possess firearms, but we can prevent you from buying them.

You have a right to vote, but we don’t have to provide you ballots.

So how many rights do we really have?

[antiRepublicrat]

The judge probably already has a handgun. Run rule for the elite, one for us little people.

[Myrddin]

The judge who made that decision should be immediately disarmed and turned loose on the street. Let him experience the consequences of his decision immediately.

[Voice of Reason88]

Ideas are more powerful than guns. We would not let our enemies have guns, why should we let them have ideas. Joseph Stalin

Every Communist must grasp the truth that political power grows out of the barrel of a gun.
-MaoTse-tung

We want them registered

- Nancy Pelosi

We can take the word of the Statists themselves, Take away guns, you take away Political Power.

It's that simple.

[Question_Assumptions]

Frankly, best bet is to stay [DEL: away from the place :DEL] south of the Mason-Dixon Line. There, fixed it.

Ignoring for the moment that parts of New Jersey fall below the Mason-Dixon line (New Jersey extends South of the Southern border of Pennsylvania, which is the Mason-Dixon line), New Jersey is headed toward losing 100,000 people a year and most of them head... South of the Mason-Dixon line to places like Northern Virginia, the Carolinas, Florida, and the Atlanta area, as well as to places like Arizona. And all of the evidence I've seen suggests that they not only continue to vote the same way that they voted in New Jersey but when the reach large enough concentrations, they try to transform their new homes into copies of New Jersey. So you don't have to move to New Jersey. Having destroyed New Jersey, the locusts are moving on and are headed toward you. And what you need to realize is that many of them and their families started out in New York City before they decided to turn New Jersey into a copy of New York City.

Spoiling a field and moving on to new green fields works for locusts, so why not for people, too?

[Texas resident]

This nut is a state judge. You can bet he has state police protection of some sort and probably lives in a gated community. Another do as I say, not as I do elitist.

[TexasFreeper2009]

Here is what I don't understand about liberals, why is every right actually written in the constitution subject to massive infringement, but rights not actually in the constitution but imagined to be there can not be infringed upon in the slightest?

[Fred Hayek]

We are discussing New Jersey here, not a civilized place at all where people have rights and such.

I am originally from New Jersey. After 33 years, left in 1988, and have not set foot in that place since. And it is not a civilized place. Texas is far more civilized.

This sums up New Jersey:

“Get outa my way!
I’m in your face!
The world is my doormat
and if you don’t like it,
it’s you who has the ****ing attitude problem.”

And that attitude shows in none other than it’s governor, Jon Corslime.

[Rafterman]

Where can I get me one of them?

[Rafterman]

...why is every right actually written in the constitution subject to massive infringement, but rights not actually in the constitution but imagined to be there can not be infringed upon in the slightest?

Ooooo... good point!

[VR-21]

"Here is what I don't understand about liberals, why is every right actually written in the constitution subject to massive infringement, but rights not actually in the constitution but imagined to be there can not be infringed upon in the slightest?"

That's an excellent question TF. I suspect it's because statists have nothing but contempt for the Constitution (since it was written to limit the powers of the state). They only value it as a tool to destroy our society.

[mvpel]

The date on this article is 2006, right, not 2009? Not after the US Supreme Court decided the Heller case, right?

Is it April 1?

What the heck is going on in New Jersey?

[wolfcreek]

“without obtaining law enforcement approval and permission in advance.”

So a bsackground check isn’t good enough now?

[Red in Blue PA]

How more umabiguous can you get than "Shall not be infringed"?

[Red in Blue PA]

unambiguous.......geez that was an ugly spelling.