I fearlessly predict the Feds will have a difficult time enforcing any SCOTUS
ruling which tries to limit the Wee Wee in this regard.
Posted on 11/05/2009 9:03:07 AM PST by mikelets456
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.
That outcome might seem like something of a surprise, especially after the U.S. Supreme Court ruled last year in the D.C. v. Heller case that the Second Amendment guarantees "the individual right to possess and carry weapons in case of confrontation."
But New Jersey Appellate Division Judge Stephen Skillman wrote on behalf of a unanimous three-judge panel that Heller "has no impact upon the constitutionality of" the state law.
That's because, Skillman said, the Supreme Court did not strike down the District of Columbia's de facto handgun ban but instead simply ordered the city to issue a permit. In other words, while Americans may have the right in general to possess arms, the exact contours of that right have not been mapped, especially as the Second Amendment applies to state laws. (The court's majority opinion last year said: "We therefore assume that petitioners' issuance of a license will satisfy respondent's prayer for relief and do not address the licensing requirement.")
Look for the Supreme Court to revisit this question in a few months when it hears a case called McDonald v. Chicago. It's a constitutional challenge to Chicago's restrictive gun laws, which prohibit anyone from possessing firearms -- even in their homes -- "unless such person is the holder of a valid registration certificate for such firearm."
New Jersey's laws are similar. They say: ......
(Excerpt) Read more at cbsnews.com ...
New Jersey Brain Trust / 2A ping
Again.
I fearlessly predict the Feds will have a difficult time enforcing any SCOTUS
ruling which tries to limit the Wee Wee in this regard.
I guess the people would have to rent or borrow them when they need to keep and bear them.
So if NJ wanted to ban a church or a newspaper, that would be permissible?
Those European courts do not recognize God Given Rights because they do not believe in God.
The joke is going to be on those fools.
Then the NJ court has NO right to be a court.
When the judiciary of this country STEALS the foundational rights of the citizens AND the politicians DON’T do anything to IMPEACH those judges, then that court needs to be stopped by the citizens. Period. Our foundational documents prescribe this just solution.
ping
The 1st Amendment has been incorporated against the states. They cannot ban a church or a newspaper in violation of the 1st Amendment.
The 2nd Amendment has not been incorporated against the states. States can regulate ownership as guns how they see fit. Only the Federal government has to comply with the 2nd Amendment.
A case to incorporate the 2nd Amendment against the states is on the Supreme Court docket this term.
*If “shall not be infringed” isn’t clear enough, it’s because they are trying to misunderstand the law of the land.*
You give them to much credit. They aren’t trying to MISunderstand the law of the land.
They are trying to DESTROY this land. Our country.
I will NO longer give them the benefit of the doubt.
They don’t deserve it.
x
The key here is not the 2nd amendment, but the 14th. No state govt may deprive a citizen of the US of any right without due process, meaning a trial for a crime not an act of a legislature.
Liberal Fascism in all it’s glory.
if you need a permit, you have no rights.
The ruling lays bare the dimoKKKRAT agenda on gun control. This may be good in that it exposes the dimoKKKRAT’s for what they are.
They should be.
dontcha just love how, at least according to see bs, a new jersey appellate court can rule on a federal issue?
I thought the 14th amendment was the empowering force that impelled incorporation upon the States.
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