N.J. Court Says Americans Have No Right To Buy Handguns

CBSNews.com ^ | October 28, 2009 | Declan McCullagh

[neverdem]

A New Jersey appeals court has concluded that Americans have no Second Amendment right to buy a handgun.

In a case decided last week, the superior court upheld a state law saying that nobody may possess "any handgun" without obtaining law enforcement approval and permission in advance.

[DCBryan1]

Time to feed the hogs.

Any Henry Bowman types in NJ?

[gimme1ibertee]

The “constitutionality” of the state law? That would be laughable if it wasn’t so outrageous. This needs to be shot down (no pun intended,at least, I don’t think so,anyhow) ASAP!!

[vpintheak]

Unbefreakinlievable! And a UNANIMOUS decision? What in the sam hill is going on in that insane state? Listen, if there are sane people in NJ, you can come to live in Alaska OK?

[Doogle]

...but if you go to ANY MAJOR city in New Jersey ...you can steal as many as you want!!

[Always Right]

Can we make people who want an abortion to get a permit?

[GeronL]

They say: "No person shall sell, give, transfer, assign or otherwise dispose of, nor receive, purchase, or otherwise acquire a handgun unless the purchaser, assignee, donee, receiver or holder... has first secured a permit to purchase a handgun as provided by this section."

Does this apply to all 10 of the first amendments?

Do I also need a license to have freedom of speech? government approval to have freedom of the press? City permit to have freedom of assembly? Do I need a certificate to keep federal troops from quartering in my home?

Where does this reasoning end?

[Glenn]

Accordingly, the trial court's affirmance of the police chief's denial of appellant's application for a firearms purchase permit is reversed, and the case is remanded for an evidentiary hearing in conformity with this opinion.

Huh?? Looks like a win for the good guys to me. Is the headline wrong?

[RC2]

The Constitution does not specify what type of gun you can own. They are making things up now.

[KoRn]

.

[Gargantua]

When the ski-masked weasels kick in his door, duct tape Judge Skillman to the furniture, and then rape his wife in front of him, I'll bet ole Stevie will change his mind about the right to own a handgun. Might be too late, though.

The unintended consequences of Liberal Bullsh*t are the havest of bitter seeds sown, indeed.

;-/

[neverdem]

IMHO, this is just an argument about due process in NJ so far, idiotic comments about the article just because the author works for CBS notwithstanding.

This author strikes me as pretty sharp and pro Second Amendment in at least a few articles so far.

[Erik Latranyi]

All it takes is for Kennedy to say the Second Amendment is not incorporated for rulings like this to stand.

One man has that much power.

[Recon Dad]

Right now the Supreme Court is reviewing a Chicago decision that if decided on the lines of Heller will over turn the NJ ruling.
The way I read the Supreme stance on the Chicago ruling before them now is that they are pissed that they even have to revisit this again. These local rulings are the nitpicking types that will get slapped down fast.

[Domandred]

has no impact upon the constitutionality of" the state law.

The Constitution is the SUPREME law of the land. It has every impact on State Law where the Constitution specifically states or enumerates rights and privileges by the 2nd and 10th Amendments.

2nd Amendment: A well regulated Militia, being necessary to the security of a free State, the right of the People to keep and bear Arms, shall not be infringed.

10th Amendment: The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

By the 10th if a power is not mentioned then it's reserved to the States. If a power is mentioned or prohibited (2nd Amendment) then it applies to the Nation as a whole, not to be picked and chosen which to follow by the States.

States cannot pick and choose which Amendments and Constitutional clauses they want to follow, though I would love it if Idaho ignored that pesky 16th Amendment.

[Le Chien Rouge]

I’m betting that Judge Skillman, like most of the ‘important’ people like Hollywood celebs and political figures, will be allowed to have a gun or armed guards in their presence.

Gun Laws are for the little people.

[neverdem]

"Accordingly, the trial court's affirmance of the police chief's denial of appellant's application for a firearms purchase permit is reversed, and the case is remanded for an evidentiary hearing in conformity with this opinion."

Huh?? Looks like a win for the good guys to me. Is the headline wrong?

It's a win for Dubov because he was denied due process according to the appellate decision. The headline is still correct. This decision ignored whether Heller applied to NJ.

[muawiyah]

We are discussing New Jersey here, not a civilized place at all where people have rights and such.

Frankly, best bet is to stay away from the place.

[Jack Hammer]

Evidently, there’s a judge somewhere in New Jersey who feels more competent to assess the law than the USSC.

Brain-dead egomania writ large, coupled with jaw-dropping ignorance.

[ExSoldier]

Frankly, best bet is to stay away from the place south of the Mason-Dixon Line. There, fixed it.