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NEW JERSEY COURT RECOGNIZES SECOND AMENDMENT AND HOLDS THAT IT TRUMPS GUN FORFEITURE LAW
Website News ^ | 3/19/07 | Evan Nappen, Attorney at Law

Posted on 03/20/2007 9:41:22 AM PDT by Revtwo

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To: from occupied ga

Let's see how the vote turns out. I'm betting the Dems can't get all their own people to support it. Look at the names, the most liberal congressmen from the most liberal districts, the sheeple from these places are for gun control. Local districts are going to vote local politics. But! when it comes to national elections they don't bring it up i.e. Barack and Hillary. Would they pass it if they could? You bet!


81 posted on 03/20/2007 11:05:04 AM PDT by ontap
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To: NewJerseyJoe

I'm not 100% certain, but I think he's a member of my club. (He shows up at enough of the member meetings... but I never see him at the range.)


82 posted on 03/20/2007 11:05:07 AM PDT by tcostell (MOLON LABE)
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To: Joe Brower; Billthedrill; All

We got a twofer here, Second Amendment and ex post facto reasoning. It would be nice if this decision eventually shot down at least the ex post facto parts of the Lautenberg Amendment, and quite ironic considering the state, NJ.


83 posted on 03/20/2007 11:07:05 AM PDT by neverdem (May you be in heaven a half hour before the devil knows that you're dead.)
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To: Tijeras_Slim

AMEN BROTHER!!


84 posted on 03/20/2007 11:07:25 AM PDT by ishabibble (ALL-AMERICAN INFIDEL)
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To: ExSoldier

...or if they issue a concealed carry permit to a non law enforcement official....


85 posted on 03/20/2007 11:08:07 AM PDT by tcostell (MOLON LABE)
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To: pissant

I'll predict that now the ice is broken we'll see similar rulings throughout the country. All the others were waiting for was someone to provide some leadership one way or another.


86 posted on 03/20/2007 11:10:40 AM PDT by Eagle Eye (There oughta be a law against excess legislation.)
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To: mkjessup

No, because two elements necessary for an October Revolution-style revolt aren't there:

1) The majority of the populace doesn't actively hate the government. Almost nobody in Russia liked the Czars.
2) The populace as a whole isn't unarmed. The Bolsheviks won because the few Loyalists that weren't in the military were unarmed and could not resist - plus Russia had a history of disarming the peasantry.

Number 1 is a bit iffy. If anything, if the liberals gain any more power, they might find themselves the *target* of a mass uprising, especially if they get HB 1022 through.


87 posted on 03/20/2007 11:15:12 AM PDT by Spktyr (Overwhelmingly superior firepower and the willingness to use it is the only proven peace solution.)
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To: Revtwo
Excellent...

On to the next court. With the legal wind at our backs, we need to press our advantage carefully, but firmly.

88 posted on 03/20/2007 11:15:43 AM PDT by Dead Corpse (What would a free man do?)
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To: Eagle Eye

It's called "precedent". Courts are notoriously loath to create one; they are almost always willing to follow it.

Now that there *is* precedent, expect to see an explosion of similar decisions everywhere. Also expect to see one or more of these cases pop up in the SC's calendar.


89 posted on 03/20/2007 11:20:02 AM PDT by Spktyr (Overwhelmingly superior firepower and the willingness to use it is the only proven peace solution.)
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To: Revtwo
Mayor Bloomberg reacts from nearby New York:


90 posted on 03/20/2007 11:21:19 AM PDT by LurkedLongEnough (We all have been waiting for this day. May we live it well.)
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To: ctdonath2
The other ruling only applied in DC.

Forgive my ignorance, but I'm confused. Why wouldn't a federal appeals court ruling have federal repercussions?
91 posted on 03/20/2007 11:23:26 AM PDT by HEY4QDEMS (Sarchasm: The gulf between the author of sarcastic wit and the person who doesn't get it.)
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To: Joe Brower

Talk about a shocker! Wow That's at least 440 VOLTS. Great way to recharge the system!


92 posted on 03/20/2007 11:27:09 AM PDT by B4Ranch (You're in America now. Here we speak English.)
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To: geo40xyz
"WOW, a New Jersey judge up-holds 2nd Amendment. What's next?"

Pick up a helmet and rubber suit on your way home from work. Pigs have taken to flight.

93 posted on 03/20/2007 11:29:30 AM PDT by spunkets ("Freedom is about authority", Rudy Giuliani, gun grabber)
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To: ctdonath2; Graybeard58; El Gato; Billthedrill; AZRepublican; All
They didn't oppose it when they were trying to commandeer it.

And the NRA did file an amicus brief for the appeal. The link about Souter and Ginsberg being in favor of the Second Amendment meaning more than "mere soldiering," i.e. the collective right to keep and bear arms, is based on that NY Times' article, "Court Rejects Strict Gun Law as Unconstitutional ."

The majority in yesterday’s decision pointed to a 1998 dissent in which “at least three current members (and one former member) of the Supreme Court have read ‘bear arms’ in the Second Amendment to have meaning beyond mere soldiering.” They were former Chief Justice William H. Rehnquist, who died in 2005, and Justices Ruth Bader Ginsburg, Antonin Scalia and David H. Souter.

I wish I knew the name of the decision.

94 posted on 03/20/2007 11:29:46 AM PDT by neverdem (May you be in heaven a half hour before the devil knows that you're dead.)
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To: Calpernia

I'll bet the rugriders are all staying under cover in your area.






What happens when a rugrider gets sh++ on by a pig?

Cheers are heard all the way from Nevada!


95 posted on 03/20/2007 11:30:45 AM PDT by B4Ranch (You're in America now. Here we speak English.)
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To: Revtwo
A New Jersey Superior Court has recognized the Second Amendment of the U.S. Constitution.

In other news: Hell froze over today.

96 posted on 03/20/2007 11:34:00 AM PDT by wysiwyg (What parts of "right of the people" and "shall not be infringed" do you not understand?)
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To: HEY4QDEMS
There are 11 federal appeals courts.

The decisions of each only apply within their jurisdiction. This relieves the Supreme Court (aka SCOTUS) from having to review everything. If there is a difference in verdicts between otherwise equal jurisdictions, one can appeal to SCOTUS to resolve the difference.

In the other ruling (Parker), the case only addressed and overturned two DC laws. As these laws only apply in DC, the verdict does not per se apply elsewhere. However, if someone has a similar case elsewhere but gets a dramatically different ruling in a Federal Court of Appeals, they can appeal to SCOTUS saying "these two cases are practically identical, yet the DC court came to a very different conclusion than the court for my jurisdiction - please address and resolve."

Put simply: The Parker case only addressed DC laws, so the verdict only applies to DC. It will take another case to demand equal treatment elsewhere under different, yet similar, laws.

97 posted on 03/20/2007 11:35:11 AM PDT by ctdonath2 (The color blue tastes like the square root of 0?)
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To: Revtwo

I just saw a pig fly by my window


98 posted on 03/20/2007 11:38:06 AM PDT by Charlespg (Peace= When we trod the ruins of Mecca and Medina under our infidel boots.)
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To: Spktyr
Even the court handling Parker admitted that they wanted to present such reasoning and conclusions in other cases, but those cases weren't exactly right for a "different" verdict, and so they went with precident.
99 posted on 03/20/2007 11:39:30 AM PDT by ctdonath2 (The color blue tastes like the square root of 0?)
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To: ctdonath2

Dialing 1-800-666-HELL (as I watch a pig fly by my window)
ring...ring
"Hello! You've reached Hell, Demon Hillary speaking. How may I direct your (^&*&%%&$ call?"

"What's the temperature down there now?"

"38 and falling. Why do you ask?"

(sound of a dial tone)


100 posted on 03/20/2007 11:40:30 AM PDT by pelicandriver
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