In any case, certainly a decision that is as welcome as it is surprising.
Posted on 03/20/2007 9:41:22 AM PDT by 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.”
(Excerpt) Read more at evannappen.com ...
In any case, certainly a decision that is as welcome as it is surprising.
The organization (N.R.A.) has fought this suit every step of the way. The question is, why?
The NRA has said it's because they don't think the current makeup of the U.S. Supreme Court is right for a Second Amendment case.
http://www.freerepublic.com/focus/f-news/1803404/posts
And yet:
Ruth Bader Ginsburg, Antonin Scalia and David H. Souter said in a 1998 dissent that "bearing arms" goes beyond a collective right in the context of a well-ordered militia. Combined with the votes of recent conservative appointees, the high court could sweep away draconian laws that don't even allow the possession of a handgun to protect yourself and your family in your home.
http://www.freerepublic.com/focus/f-news/1803399/posts
There may never be a better time for the Suopremes to hear a 2A case than now. The makeup of the court could possibly get worse. Even Buzzy Ginsburgh seems to be thinking right on this one.
Damn, I work in PA five miles from Trenton. I'm gonna have to watch for stray flying pigs all week now.
While it is sad this was even necessary.....
HOORAY FOR 2A
Looks like the Courts are finally beginning to recognize the FACT that the US Constitution is the Supreme Law of the land.
Has to be making the gun grabbing maggots in this country livid.
Did I get to bizarro world and not realize it? Suddenly the courts are upholding gun rights after 70 years of beating them down?
What's next? The nation recommending that all citizens be armed again?
The Dems have been lukewarm on gun control for a while, I predict not much of a reaction. they've had their heads handed to them several times since the "GREAT BRADY BILL" was passed and they've lost the stomach for it. They say just enough to keep the base on the reservation.
A gaggle of pigs, I tell you!
Guiliani, Romney, Clinton (H), and especially McCain are deeply saddened.
Thanks for posting this
Interesting link, I just checked the NRA website under news releases, it would appear that they applaud the ruling.
I logged into the member section to find any comments attributed to the claim that they fought the case.
Nothing.
Usually the ILA wing of the org would issue a presser to answer such claims but so far, I can't find anything.
Very intertesting indeed.
I can see where the gun grabbers DON'T want this appealed and going up to the federal level. It's too likely that a ruling there would invalidate ALL state gun prohibitions. That would be, ironically, a "Roe v. Wade" for an actual constitutionally-protected God-given right. I think they'd rather bottle this up state by state. Can you imagine the weeping and gnashing of teeth is Maryland, New York City and other jurisdictions were forced by federal courts to comply with the constitution?
Jail still awaits those that exercise their Second Amendment rights.
I don't suppose it ever occurred to them that someone on the other team may spin out first.
"Got a link?"
http://www.nraila.org/News/Read/InTheNews.aspx?ID=4395
It never passed though.
FALSE
H.R. 1022, The Assault Weapons Ban and Law Enforcement Protection Act of 2007
Does this look like they've lost their tase for it?
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