Posted on 05/28/2013 6:19:11 PM PDT by KOZ.
[British accent] “On second thought...Let’s not go to New Jersey...Tis’ a silly place...”
“The Second Amendment does not create ‘a right to keep and carry any weapon whatsoever purpose,’” Judge Ronald B. Graves wrote for the panel. “Furthermore, the Second Amendment does not preclude the state from regulating the manner in which accessories must be transported.”
http://judgepedia.org/index.php/Ronald_Graves
Appointed by a republican governor...
Funny how being a republican in one part of the country means something completely different in another...
Hopefully the decision will be appealed in a higher court.
My understanding is that their was a loaded glock in the car. That was “ready for use” not stowed.
The right to keep and bear is mentioned in the 2nd amendment, though not created by it, it serves as a documentary source for asserting such a right.
I suggest that it would be fairly well settled that one can not be prosecuted for exercising a right. That practice would constitute an immunity. No, the definition of immunity is not in the second amendment, nor anywhere else in the constitution. That definition would have to come from common law.
Clearly, this brain-dead piece of garbage that calls himself a judge isn’t fit to judge a beauty pageant.
unfortunately, this wording is merely a paraphrasing of the Heller opinion...written by a *conservative* jurist...
The story mentions finding a loaded glock sometime after the illegal search (IE: the flimsiest of pretenses)....but not where where it was found. I’d presume in the same bag as the rest.
Even unloaded, a gun, a tool, is ‘ready for use’, even as a club.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.