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.”

[Mini-14]

But not in the D.C. case, which the N.R.A. would have nothing to do with.

Actually, the NRA went out of their way to torpedo the Parker vs. D.C. case, as can be seen by reviewing the documents here: http://www.gurapossessky.com/parker_pleadings.htm

[Mini-14]

But not in the D.C. case, which the N.R.A. would have nothing to do with.

Actually, the NRA went out of their way to torpedo the Parker vs. D.C. case, as can be seen by reviewing the documents here: http://www.gurapossessky.com/parker_pleadings.htm

[Little Ray]

Have you seen the weather report for Hell?
Ice storms and freezing rain predicted...

New Jersey? I just don't believe this...

[Fiddlstix]

[azhenfud]

Meanwhile, Giuliani's press agent said he was experiencing a Depends moment from hearing this news.

[pissant]

Howdy rowdy. I 2nd that 2A bump. Now I need a beer to celebrate.

[padre35]

Maybe, the NRA was trying to keep the question from reaching the Supremes to avoid the risk of th court blessing similar registration schemes being declared Constitutional.

They went this route instead:

Disarmed residents of the nation's capital, which is also the nation's murder capital, seem to have attracted a powerful ally in Sen. Orrin Hatch, Utah Republican. The D.C. Personal Protection Act, introduced by Mr. Hatch on July 15, would repeal the District's 27-year ban on handguns and lift prohibitions on carrying weapons in homes and businesses.

A DC law repeal would keep the Supremes from effectively extinguising the 2a as we know it.

They could be over thinking that however, but the stakes are indeed very high.

[ontap]

A worthless House rule they know won't go anywhere but they can point to it for the base. How often has Hillary or Obama brought it up, as opposed to Bill's first run and the passage of Brady. I didn't say they weren't for it, they just realize it's a loser.

[SkyPilot]

Does this decision have any bearing on the ridiculous "Assault Weapons Ban" that New Jersey has in place? It is similar to the one in "Kaliforniah."

We all know these are not really "Assault Weapons" - they are semi-automatics that the gun grabbers went after first because they looked scary. All other weapons are right behind these.

[blackie]

The age of enlightenment!!

[Emmett McCarthy]

Yes, but if the city appeals that, they risk a broader ruling affecting all states and municipalities. Right now, it seems that it's more or less a "localized loss" for them. I think the Brady-types would rather have these things fought out in a lot of courts over a long period of time rather than having one far-reaching federal court ruling. Just my thoughts...

[neverdem]

BANG! Unexpectedly good news based on the Second Amendment and the unconstitutionality of ex post facto laws on your first post. That's pretty good for a first post, Revtwo. Welcome to FreeRepublic.com, even if I'm not the first to recognize it.

[Bitsy]

More than likely, they just want to be able to carry a gun themselves. I was on a jury one time and after the trial the judge came in and talked to me because I was the foreman. I told him I was concerned that the punks friends would come after me and he told me that he had a gun under the seat of his car for just those instances.

[from occupied ga]

A worthless House rule they know won't go anywhere but they can point to it for the base

30 co-sponsors so far - I'd say they were serious about it.(note the preponderance of CA, NY, and MA)

Rep Ackerman, Gary L. [NY-5] - 3/7/2007	Rep Berman, Howard L. [CA-28] - 3/13/2007
Rep Capps, Lois [CA-23] - 3/9/2007	Rep Clay, Wm. Lacy [MO-1] - 3/9/2007
Rep Crowley, Joseph [NY-7] - 3/7/2007	Rep DeGette, Diana [CO-1] - 3/13/2007
Rep Delahunt, William D. [MA-10] - 3/13/2007	Rep Eshoo, Anna G. [CA-14] - 3/9/2007
Rep Fattah, Chaka [PA-2] - 3/7/2007	Rep Filner, Bob [CA-51] - 3/7/2007
Rep Frank, Barney [MA-4] - 3/7/2007	Rep Grijalva, Raul M. [AZ-7] - 3/9/2007
Rep Hirono, Mazie K. [HI-2] - 3/13/2007	Rep Jackson-Lee, Sheila [TX-18] - 3/7/2007
Rep Lofgren, Zoe [CA-16] - 3/15/2007	Rep Lowey, Nita M. [NY-18] - 3/15/2007
Rep Maloney, Carolyn B. [NY-14] - 3/7/2007	Rep Markey, Edward J. [MA-7] - 3/13/2007
Rep McGovern, James P. [MA-3] - 3/13/2007	Rep Meehan, Martin T. [MA-5] - 3/7/2007
Rep Miller, Brad [NC-13] - 3/9/2007	Rep Moran, James P. [VA-8] - 3/7/2007
Rep Pascrell, Bill, Jr. [NJ-8] - 3/13/2007	Rep Schakowsky, Janice D. [IL-9] - 3/7/2007
Rep Schiff, Adam B. [CA-29] - 3/7/2007	Rep Sherman, Brad [CA-27] - 3/15/2007
Rep Slaughter, Louise McIntosh [NY-28] - 3/13/2007	Rep Tauscher, Ellen O. [CA-10] - 3/15/2007
Rep Van Hollen, Chris [MD-8] - 3/7/2007	Rep Wexler, Robert [FL-19] - 3/9/2007

[roaddog727]

Woo
HOOoooooooooooooooooooooooooooooo!

[NewJerseyJoe]

> This is NJ, right?

Yes. Evan Nappen "wrote the book" -- literally -- when it comes to firearms 'law' in New Jersey. He's also a legal consultant to the state NRA affiliate.

[ctdonath2]

They didn't oppose it when they were trying to commandeer it.

[ctdonath2]

Not symbolic - symbiotic.

The other ruling only applied in DC. This one only applies in NJ.

[swatbuznik]

HOOH-RAH!!!

[The KG9 Kid]

"... I was on a jury one time and after the trial the judge came in and talked to me because I was the foreman. I told him I was concerned that the punks friends would come after me and he told me that he had a gun under the seat of his car for just those instances."

I would have asked the judge for a court order right then and there to authorize me for a CC permit that I could take to the sheriff of my county.