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 ...
There’s only one reason that those in power want to disarm the public - an armed citizenry is the only thing standing in the way of the totalitarian government that they seek.
As a Christian man and father, I do not follow any law of man.
The constitution only conveys rights that are already given to to you from GOD.
We need to always remember this.
Ping
Get the sob off the bench!
He is not upholding the constitution!
I am sure it pisses the Scotus off to have to go over this again, but that is what happens when you don’t write a clear decision. I do think that they are going to get out their big hammer again and say “See Heller, yes this applies to you too”.
I’m in!
That should be the message to send to the congress!
Yep. I want to see more action in that regard.
It’s coming, the “We the People” train, will rock the gubment so that they will see the error of thier ways!
In what I think was one of the dumbest moves ever they opted to not go with wholesale incorporation. Instead each right from the Bill of Rights has to individually come before the court and be incorporated. It is through the 14th, but not until the SC gives their approval.
The 2nd is the last major one not incorporated. The 3rd isn’t either, but I doubt that ever comes before the court.
That’s not the worst of it. In NJ before you buy any firearm (that includes a BB gun...yes, that is true) you need a FID (Firearms ID card). You are fingerprinted, background checked and after 8 weeks, if approved you get this card. You can buy anything but handguns with this card. However, anytime you buy a firearm you have to pay a $16 background check and fill out 3-forms. Once approved a gun must be cased and in the trunk separated from any ammunition at all times. You can only have a firearm in the car if:
-Hunting.
-going to and from the range.
-Transporting after buying or selling.
A handgun buying permit is another process. It is a triple carbon form that is purchased for $5 (after exhaustive checks again) and valid to buy any NJ legal handgun for a 90 day period. You can renew the permit for free and extend for another 90 days. If you do not purchase a handgun in that period it expires and you have to go through the entire process again...
Oh, BTW...your FID card can be taken away for any reason the government uses at its discretion...meaning if they think you may be an angry drunk, reported for road rage, disorderly conduct, etc. be ready people, this will soon come to a state near you if things don’t change in a hurry!!!
America begins at the Delware.
It formerly began at the Hudson River, but the explosion of New Yorkers into the Garden State has turned it into a political Garbage State.
Don’t stand for it. Move away. There is life after Jersey, my friends!
I haved lived in NJ for 7 years now. When I brought my registered handguns from NY, I had to get permits for each of them. When I asked about long guns, they said, “we don’t care about long guns.” No permits or registrations needed for rifles and shotguns (and I have several).
Amazing.... I’d take an AR, .308 or shotgun over a handgun any day if I had to choose one gun to survive with. Why the concern besides “conceal-ability”...I guess only criminals use handguns...Give me a break you freaking libtards!!
They are not so concerned with home defense as they are with concealed weapons. Don’t saw that shotgun barrel off...that is a crime!
MOLON LABE, @$$HOLES!
Three years ago, I drove through NJ enroute to the S&W Winter Nationals in Springfield, Mass.
I had 300 rounds of hollowpoint ammo for the match in the car.
Nyah, nyah, nyah!
You’ll never get me copper!
(I had been told the penalty for possession of HP ammo in NJ was $1000/round)
This is PRECISELY why discretionary issuing powers need to be REMOVED from municipal police chiefs, the NJSP, and the NJ Superior court. REMOVED, point blank. One being should not have any right to decide who gets what. That’s what makes my blood boil about this state. NJ residents need to bombard Gov. Elect Christie, and DEMAND that the laws be changed. Make it a uniform standard, where one applies for the permit through the county sheriff, and as long as their NICS check comes back clean...the permit is issued. Case closed. The whole b.s. about a Permit to Purchase a pistol is nothing more than a money making apparatus for local police departments, and the NJSP. Hopefully Christie shoots down this ridiculous nonsense about a one gun a month policy in NJ as well. When you leave permit issuance in the hands of municipal police departments, quite often the permits aren’t issued in the 30 days as required by law, hence it takes more than a month to get the permit, so technically you wouldn’t be able to purchase 12 per year by that standard. I could go on and on, but it’s lunchtime. Let’s all start by petitioning our State Assembly, and mass mailing the Governor’s office in January. Enough is enough.
(I had been told the penalty for possession of HP ammo in NJ was $1000/round)
No, that is not true. They sell it at the range, you can bring it to the range and keep it in your house for HD. However, if you use it for HD you better get a good lawyer or have a clean record and good excuse...
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