NEW JERSEY COURT RECOGNIZES SECOND AMENDMENT AND HOLDS THAT IT TRUMPS GUN FORFEITURE LAW

Website News ^ | 3/19/07 | Evan Nappen, Attorney at Law

[Revtwo]

A New Jersey Superior Court has recognized the Second Amendment of the U.S. Constitution and held that a citizen’s Constitutional Right to Keep and Bear Arms cannot be involuntarily waived under a New Jersey firearms forfeiture law.

“The recognition of Second Amendment rights in New Jersey is long overdue,” said attorney Evan F. Nappen, whose law firm (including Richard V. Gilbert, Esq. and Louis P. Nappen, Esq.) represented appellant Dennis W. Peterson in the Warren County case. “In this appeal, the Second Amendment was applied to New Jersey via the Constitutional doctrine of fundamental fairness, overcoming a significant legal hurdle needed for the Federal Bill of Rights to apply to the State.”

This decision coincides with the recent Parker v. District of Columbia case, in which the U.S. Court of Appeals for the District of Columbia struck down a decades-old handgun ban in Washington, D.C. on the ground that it violates the Second Amendment.

“The legal significance of the Second Amendment is finally being recognized by American courts,” Nappen continued, “and this New Jersey case is part of a growing trend in American jurisprudence.”

[Virginia Ridgerunner]

[labette]

I predict "The Brady Center to Promote Genocide" will be the first to put forth a reply.

[goldstategop]

No stae may pass an ex-post facto law or bill of attainder. I think its incontrovertible they cannot pass an absolute ban on private gun ownership without running afoul of the Second Amendment.

"Show me just what Mohammed brought that was new, and there you will find things only evil and inhuman, such as his command to spread by the sword the faith he preached." - Manuel II Palelologus

[beltfed308]

WOW! Another individual right ruling along with striking down expo facto enforcement. Lovely.

[Tijeras_Slim]

I don't care if it's Tiny Tim getting these decisions, I say we keep up the momentum and hammer the antis into the dust.

[cowboyway]

Hillary's reaction........

[Calpernia]

This is NJ, right?

[padre35]

The plantiff Levy would have nothing to do with the NRA.

The NRA had tried to get the Congress to repeal the DC council's civl rights ban.

[Billthedrill]

A good-news BTT. I am currently involved in a vigorous discussion over the 2nd Amendment with a fellow whose considered opinion is that the Constitution says whatever the courts say it says. "Living document" garbage. We'll see if that tune changes any...

[M203M4]

Al Gore visits hell twice in two weeks! Hey Al Gore, go back to hell!

/Gore effect

[rellimpank]

-b-

[mkjessup]

First, Washington DC and now New Jersey.
[Has a massive dose of sanity been released on our courts????]
Libs will go into meltdown

Unless liberals suddenly start arming themselves in preparation for a wider ranging political conflict...?

Rush Limbaugh has said that liberals out of power are comical, but *armed* liberals in OR out of power?

Could it be 1917 all over again but this time in America?

Just food for thought.

[rellimpank]

--The NRA had tried to get the Congress to repeal the DC council's civl rights ban.--

--got a link for that?

[paulcissa]

Yup, Warren County.

[Alberta's Child]

I wonder if these court decisions are along the lines of a "Roe v. Wade in reverse" -- where courts make decisions (correct ones, in these recent cases) simply to let legislators walk away without enacting legislation themselves.

The New Jersey court has rendered a decision that few -- if any -- New Jersey legislators would have the b@lls to support in public.

[wastedyears]

Moonbats everywhere crying in corners.

[Calpernia]

OMG, there is a ray of hope outside my window!

I'm taking a picture before it's gone.

[trimom]

I predict "The Brady Center to Promote Genocide" will be the first to put forth a reply.


OK, that's sure to be fun to watch. This is better than March Madness!

[RedStateRocker]

"Whether a particular Republican President is as pristinely conservative as would be desired is not nearly as important as who they get confirmed to the USSC."

Ding ding ding... we have a winner.
Most sensible thing I've heard all day

[4yearlurker]

Well slap me silly and call me Willy! This happened in the People's Republic of Joisey?!!