I fearlessly predict the Feds will have a difficult time enforcing any SCOTUS
ruling which tries to limit the Wee Wee in this regard.
Posted on 11/05/2009 9:03:07 AM PST by mikelets456
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.
That outcome might seem like something of a surprise, especially after the U.S. Supreme Court ruled last year in the D.C. v. Heller case that the Second Amendment guarantees "the individual right to possess and carry weapons in case of confrontation."
But New Jersey Appellate Division Judge Stephen Skillman wrote on behalf of a unanimous three-judge panel that Heller "has no impact upon the constitutionality of" the state law.
That's because, Skillman said, the Supreme Court did not strike down the District of Columbia's de facto handgun ban but instead simply ordered the city to issue a permit. In other words, while Americans may have the right in general to possess arms, the exact contours of that right have not been mapped, especially as the Second Amendment applies to state laws. (The court's majority opinion last year said: "We therefore assume that petitioners' issuance of a license will satisfy respondent's prayer for relief and do not address the licensing requirement.")
Look for the Supreme Court to revisit this question in a few months when it hears a case called McDonald v. Chicago. It's a constitutional challenge to Chicago's restrictive gun laws, which prohibit anyone from possessing firearms -- even in their homes -- "unless such person is the holder of a valid registration certificate for such firearm."
New Jersey's laws are similar. They say: ......
(Excerpt) Read more at cbsnews.com ...
As a citizen of the United States of America, I answer only to laws that adhere to the Constituion.
I reject the findings of any court who refute the Law of the Land.
Please co-sign, my fellow Freepers....
I left that state 35 years ago and have never looked back.
Phooey.
Gun-up!
That is just the kind of statement that might make SCOTUS confirm that the 2nd is incorporated against the states.
Now there is a third world cesspit overdue for a regime change.
Happy Guy Fawlks’ Day.
This is not an American court; it's a European court -- rights are not God-given but are given to subjects at the whim of those in power.
Screw em. Go out of state and buy enough to fill your trunk........
This is not an American court; it's a European court -- rights are not God-given but are given to subjects at the whim of those in power.
Another day, another travesty from some crooked, degenerate, megalomaniacal black-robed bastard.
Good point. It IS NJ after all.
Skillman...another Harvard “genius”...indoctrinated in Communism/Socialism/Marxism...and I’d bet dollars-to-donuts that his ancestors were Jewish... those who should have been armed to the teeth in 1930’s Germany.
“In other words, while Americans may have the right in general to possess arms, the exact contours of that right have not been mapped, especially as the Second Amendment applies to state laws.”
“...the right of the People to keep and bear arms shall not be infringed.”
How F’ing hard is it to understand???
Headline is incorrect. A state court interpreting state law said New Jerseyans (New Jerseyites?) have no right to buy handguns. As they were not interpreting federal laws, they weren’t speaking about the entire country.
The idiocy of not incorporating the entire bill or rights at once is still having an effect. Hopefully the SC will correct this this term.
MOLON LABE!!
If “shall not be infringed” isn’t clear enough, it’s because they are trying to misunderstand the law of the land.
I guess New Jersey has declared itself independent from the United States Consititution.
NJ courts would be wrong.
New Jersey Brain Trust / 2A ping
Again.
I fearlessly predict the Feds will have a difficult time enforcing any SCOTUS
ruling which tries to limit the Wee Wee in this regard.
I guess the people would have to rent or borrow them when they need to keep and bear them.
So if NJ wanted to ban a church or a newspaper, that would be permissible?
Those European courts do not recognize God Given Rights because they do not believe in God.
The joke is going to be on those fools.
Then the NJ court has NO right to be a court.
When the judiciary of this country STEALS the foundational rights of the citizens AND the politicians DON’T do anything to IMPEACH those judges, then that court needs to be stopped by the citizens. Period. Our foundational documents prescribe this just solution.
ping
The 1st Amendment has been incorporated against the states. They cannot ban a church or a newspaper in violation of the 1st Amendment.
The 2nd Amendment has not been incorporated against the states. States can regulate ownership as guns how they see fit. Only the Federal government has to comply with the 2nd Amendment.
A case to incorporate the 2nd Amendment against the states is on the Supreme Court docket this term.
*If “shall not be infringed” isn’t clear enough, it’s because they are trying to misunderstand the law of the land.*
You give them to much credit. They aren’t trying to MISunderstand the law of the land.
They are trying to DESTROY this land. Our country.
I will NO longer give them the benefit of the doubt.
They don’t deserve it.
x
The key here is not the 2nd amendment, but the 14th. No state govt may deprive a citizen of the US of any right without due process, meaning a trial for a crime not an act of a legislature.
Liberal Fascism in all it’s glory.
if you need a permit, you have no rights.
The ruling lays bare the dimoKKKRAT agenda on gun control. This may be good in that it exposes the dimoKKKRAT’s for what they are.
They should be.
dontcha just love how, at least according to see bs, a new jersey appellate court can rule on a federal issue?
I thought the 14th amendment was the empowering force that impelled incorporation upon the States.
There’s only one reason that those in power want to disarm the public - an armed citizenry is the only thing standing in the way of the totalitarian government that they seek.
As a Christian man and father, I do not follow any law of man.
The constitution only conveys rights that are already given to to you from GOD.
We need to always remember this.
Ping
Get the sob off the bench!
He is not upholding the constitution!
I am sure it pisses the Scotus off to have to go over this again, but that is what happens when you don’t write a clear decision. I do think that they are going to get out their big hammer again and say “See Heller, yes this applies to you too”.
I’m in!
That should be the message to send to the congress!
Yep. I want to see more action in that regard.
It’s coming, the “We the People” train, will rock the gubment so that they will see the error of thier ways!
In what I think was one of the dumbest moves ever they opted to not go with wholesale incorporation. Instead each right from the Bill of Rights has to individually come before the court and be incorporated. It is through the 14th, but not until the SC gives their approval.
The 2nd is the last major one not incorporated. The 3rd isn’t either, but I doubt that ever comes before the court.
That’s not the worst of it. In NJ before you buy any firearm (that includes a BB gun...yes, that is true) you need a FID (Firearms ID card). You are fingerprinted, background checked and after 8 weeks, if approved you get this card. You can buy anything but handguns with this card. However, anytime you buy a firearm you have to pay a $16 background check and fill out 3-forms. Once approved a gun must be cased and in the trunk separated from any ammunition at all times. You can only have a firearm in the car if:
-Hunting.
-going to and from the range.
-Transporting after buying or selling.
A handgun buying permit is another process. It is a triple carbon form that is purchased for $5 (after exhaustive checks again) and valid to buy any NJ legal handgun for a 90 day period. You can renew the permit for free and extend for another 90 days. If you do not purchase a handgun in that period it expires and you have to go through the entire process again...
Oh, BTW...your FID card can be taken away for any reason the government uses at its discretion...meaning if they think you may be an angry drunk, reported for road rage, disorderly conduct, etc. be ready people, this will soon come to a state near you if things don’t change in a hurry!!!
America begins at the Delware.
It formerly began at the Hudson River, but the explosion of New Yorkers into the Garden State has turned it into a political Garbage State.
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