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