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 ...
Remember, remember, the fifth of November,
Gunpowder, treason and plot!
A stick or a stake for King James' sake
Will you please to give us a fagot
If you can't give us one, we'll take two;
The better for us and the worse for you!
Happy Guy Fawkes day to all of the FReepers who care. I will be watching V for Vendetta tonight, and if you haven't seen it, I would say that it's required watching for all FReepers!
These nutsy judges need to be dragged into the streets. They should be tarred and feathered and then run up out of this country in shame. It is time for REAL Americans to do what is right. EVen in that worthless place it is still WE THE PEOPLE.
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...
I was probably within the letter of the law since the 300 rounds were packed securely in cartridge cases and stored in the rear of the vehicle, apart from my match gun, a S&W Model 24 (.44 Special)
However we are talking about Jersey. So if my buddies and I had been stopped on a moving violation, the headline would have probably been..
"NC men stopped on Jersey Turnpike with multiple guns, thousands of rounds of ammunition, including illegal hollowpoints"
OK, I read it twice and am still confused. That last paragraph reads like the Appellate Court REVERSED the decision of the Police Chief, and remanded the case for another hearing. That doesn’t conform with the title of this thread, which reads like the Appellate Court denied the petitioner his Second Amendment rights.
I read the Second Amendement again. Seems it was perfectly "mapped" with the words "shall not be infringed".
I watched “The Boondock Saints”. Somehow that’s appropriate.
My tagline says it all.
Shaking my head again & thinking I really need to get out of this state.
Yes you do. With un-American stupid judges like this you should run not walk.
New Jersey, lol.
I am working on it. Going to PA Monday to look for a farm.
It won't come next door in Pennsylvania, the militia capital of the world.
New BDS is out! I think it came out last weekend. I have yet to go see it.
I may be moving across the river into PA if things get worse in NJ!! I just hope the “cancer” of NJ does not spread to PA.
It only opened at theatres in Boston and L.A. There’s an expanded release next week.
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