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Does Heller ruling kill NJ "smart gun" law?
self | 6/28/08 | NewJerseyJoe

Posted on 06/26/2008 11:09:35 AM PDT by NewJerseyJoe

Remember that incredibly stupid "smart gun" law that McGreevey signed back in 2002? How will Heller reflect on that?

The reason I'm thinking about this is because a big part of the Heller case was about not being able to ban an entire class of firearms. "Non-smart guns" is a HUGE class of firearms.....

Reference: NJ smart gun law


TOPICS: Constitution/Conservatism; Culture/Society; Government; US: New Jersey; Your Opinion/Questions
KEYWORDS: banglist; heller; mcgreevey; smartgun
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To: NewJerseyJoe
Of course, an exemption was made for police officers! If the so-called "smart gun technology" will be so perfect and foolproof and work under all situations.... then why wouldn't police officers want to be on board with that?

DUH!!!!

21 posted on 06/26/2008 1:01:12 PM PDT by piroque
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To: paulcissa

I feel sorry for you I got out in 1973 and never looked back.


22 posted on 06/26/2008 1:35:43 PM PDT by Unicorn (Too many wimps around.)
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To: NewJerseyJoe; All
If you read between the lines on the NRA’s statement, it's pretty clear they'll be looking to file suits claiming that the second amendment is incorporated by the 14th. The day that one passes I'll be in local police station applying for my concealed carry license.
23 posted on 06/26/2008 4:23:30 PM PDT by tcostell (MOLON LABE - http://freenj.blogspot.com - RadioFree NJ)
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To: NewJerseyJoe; Joe Brower

I was on a tele-something-call live with Scott Garrett this evening and I was planning on asking him exactly how he saw the Keller ruling playing out for NJ Gun laws like the one you mentioned and that other particularly heinous piece of toilet paper A339, you know, the 1 gun a month law, et al.

He didn’t make it to me, unfortunately.

Brilliant guy. I was going to thank him for being the 1 conservative for whom I can and am proud to vote...amongst other things.

This should be really interesting and gives me quite a charge.

Did you see Daley stuttering like a wounded chimp today?


24 posted on 06/26/2008 6:47:58 PM PDT by Freemeorkillme ("Don your Kevlar, Mac the knife is at our rear!")
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To: Freemeorkillme

Heller, that is. I’ve been mispeline all night.


25 posted on 06/26/2008 6:49:07 PM PDT by Freemeorkillme ("Don your Kevlar, Mac the knife is at our rear!")
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To: Sandy

Uhm, This is retarded. You don’t live in NJ, do you?(I’m saying this in a kind patronizing sort of way that only a fellow freeper could get away with)


26 posted on 06/26/2008 6:51:30 PM PDT by Freemeorkillme ("Don your Kevlar, Mac the knife is at our rear!")
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To: paulcissa

This would be news to me. I believe this to be incorrect. Could be wrong though.

We don’t hold the bum-nuzzler from Oldbridge in high esteem around here.


27 posted on 06/26/2008 6:55:13 PM PDT by Freemeorkillme ("Don your Kevlar, Mac the knife is at our rear!")
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To: Freemeorkillme
> live with Scott Garrett

I like him too and have voted for him each time he's run. Technically speaking, Scott Garrett wouldn't have much input on state laws, as he reps us at the federal level. However, it will be interesting to see some of the federal laws (e.g., handguns can be purchased only in your own state) challenged by our reps, now that Scalia &co. have laid the foundation for challenges with Heller.

> NJ Gun laws like the one you mentioned and that other particularly heinous piece of toilet paper A339, you know, the 1 gun a month law

Based on what was issued today, I think A339 will probably stand -- FOR NOW, until such time as it can be challenged; it may fall under the same umbrella as the "arbitrary and capricious" requirements that were mentioned in oral arguments and touched on by Scalia in the majority opinion. In other words, it doesn't appear that Heller immediately applies to the one-gun law -- but Heller may provide an opening for A339 to be challenged in the near future.

As far as so-called smart guns, though, I think Heller may have immediate applicability there, as part of the original case was the fact that DC was (illegally) banning an entire class of firearms. Not only that, they were firearms that are "commonly in use" and commonly available, which falls under the types of weapons that militia members (i.e., you, me, and the guy next door) might possess. Because "non-smart" guns are an entire class of weapons, are VERY common, and because the so-called replacement ("smart guns") weapons do not even exist, I think there is an excellent chance that the idiotic "smart-gun" law may die a quiet death.

I'll wait to read what Evan Nappen and Scott Bach have to say about it -- they are the experts when it comes to NJ's unconstitutional gun laws.

28 posted on 06/26/2008 7:08:39 PM PDT by NewJerseyJoe (Rat mantra: "Facts are meaningless! You can use facts to prove anything that's even remotely true!")
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To: NewJerseyJoe

Hey there, NewJerseyJoe.

If handguns be a particular class, we’ll have to include infringements on weapons of specific calibers as well.


29 posted on 06/26/2008 7:15:43 PM PDT by Freemeorkillme ("Don your Kevlar, Mac the knife is at our rear!")
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To: Freemeorkillme
You don’t live in NJ, do you?

LOL. I sure don't.

30 posted on 06/26/2008 8:19:44 PM PDT by Sandy
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To: Sandy
LOL. I sure don't.

Consider yourself fortunate and SEND HELP!!! :-)

31 posted on 06/27/2008 6:50:08 AM PDT by paulcissa (The first requirement of Liberalism is to stand on your head and tell the world they're upside down)
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