Posted on 11/23/2010 12:33:00 PM PST by Red in Blue PA
Where does it say in the constitution that you have to have a need? These anti gunners sure read a lot into those small paragraphs in the constitution don’t they.
A quick NJ story regarding the anti gun folks. A small article appeared in the paper about hunters being in the woods near restaurants, etc in my town. They quote town officials saying the Constitution prevents them from prohibiting hunters.
I get a cold call from an attorney who later became a top official to Gov. Corzine, saying the town official was wrong and offering to give me case law to pass on so they can outlaw the hunters.
That is how motivated and anti gun the liberals are.
Shall not be infringed.
And another thing: Texas Aggies... BEAT THE HELL OUTTA tu.
Trajan88; TAMU Class of '88; Law Hall (may it R.I.P.) Ramp 9 Mule; f.u.p.!
Give ‘em hell!
New Jersey, another state the NRA has abandoned.
It takes the SAF to go after unconstitutional laws while the NRA sits on the sidelines telemarketing to pay its CEO’s million dollar salaries.
It is too bad the fascists who enforce these illegal laws are not prosecuted as well.
...they will consider your request.
The New Jersey State Constitution does not spell out a specific Right to Bear Arms.
It’s an important distinction to make, as the Federal Courts change interpretations of right to bear arms and the decision stands stare decisis in Federal Third Court or a decision by the US Supreme Court, the laws in New Jersey can then be challenged on Federal preemption of states restrictions of Federally protected rights.
Based on current court rulings, I do not believe SAF will win this case outright, though they might find a judge willing to force a more equitable and less capricious process for firearms permits in New Jersey.
Not sure what you are getting at,
SAF is bringing this case to the NJ courts AFTER the D.C. vs. Heller decision.
D.C. vs. Heller ... would not affect the state’s ability to impose reasonable restrictions on ownership and possession.
SAF is now trying to litigate the gray area of the Heller decision. They picked the state with the most (or 2nd most) restrictive gun ownership laws in the country, and a state without a state Constitution equivalent to the US 2nd Amendment.
THis whole case is a gray area, and the reason why most gun owners in NJ were not pleased with the Heller decision, it does nothing to bring relief to New Jerseyites living under the yoke of arbitrary and capricious permitting decisions by nanny state career bureaucrats in law enforcement and judiciary here. Worse, a single bad decision in the 3rd District and New Jerseyites could lose more gun ownership privileges than gained by an overly broad definition of “state’s ability to impose reasonable restrictions on ownership and possession.”
I really hope SAF has an airtight case and top notch lawyers because they will be facing a hostile court, hostile judges, hostile local, county and state government lawyers, hostile media, and hostile law enforcement officers’ and chiefs’ unions.
On top of that, your RKBA rights in Penna are on the line here... if SAF loses, the next RKBA prosecution or lawsuit in Penna could rule stare decisis in ‘SAF vs NJ’ for the 3rd district.
Judge Filko... I know personally has a rule of blanket prohibition of gun permits unless the applicant is connected to the Passaic County Democrat Party or the Sheriff’s Dept.
Re: On top of that, your RKBA rights in Penna are on the line here
Doubt that.
PA Constitution
Section 21 . Right to Bear Arms
The right of the citizens to bear arms in defense of themselves and the State shall not be questioned.
I know it's cool and popular around here to hate on the NRA for actually having some semblance of a method of lobbying to achieve their goals (read: political savvy), but perhaps one should research before spouting off:
Here's the complaint. Plaintiffs:
JEFFREY M. MULLER; DANIEL J. PISZCZATOSKI; : JOHN M. DRAKE; GREGORY C. GALLAHER; : LENNY S. SALERNO; FINLEY FENTON; : SECOND AMENDMENT FOUNDATION, INC.; and : ASSOCIATION OF NEW JERSEY RIFLE & PISTOL : CLUBS, INC.
Website for Association of New Jersey Rifle and Pistol Clubs, Inc says at the top, "The Official NRA State Association."
So no, the NRA hasn't "abandoned" the state of New Jersey. In fact, this is in addition to the lawsuit they filed in January against New Jersey's one handgun a month law. Still think NRA abandoned NJ?
The Handgun Permit Laws are facially invalid under the Second and Fourteenth Amendments to the Constitution of the United States in that, and to the extent that, they: (a) vest state officials with uncontrolled discretion to deny Permits to Carry; and (b) require citizens to show “justifiable need” and “urgent necessity” to obtain Permits to Carry.
Heller and McDonald, without question, permit law abiding citizens to own firearms and keep them in their homes. Whether it applies to carry or not has yet to be argued in the court of law.
How, then, does a may-issue state with firearm registration, that is, you CANNOT own a firearm for self protection in the home without the government's PERMISSION, permissible under McDonald and Heller's interpretation of the 2nd Amendment?
When I read McDonald, I interpreted it as the end of the duo of may-issue with forced registration requiring a permit to purchase, such is the case in New Jersey, New York, and I think three other states.
To me, this case is a no brainer under a fair judge, so long as plaintiffs have proper standing. That, of course, is not a given, but once elevated high enough (SCOTUS, if it makes it), it should go our way.
It was the goa that asked for the narrow view on Heller but they have yet to file a single lawsuit unlike the NRA and the SAF which have both filed at least four lawsuits apiece.
The NRA was part of Heller and McDonald.
Not a single person can claim the goa has ever done a single thing on their own. No one.
The Constitution which supersedes the NJ ambiguous state law on the 2nd Amendment.
It just that to this day, no liberal NJ state judge has ruled in favor of private citizens.
The NRA never gave it a shot before and now a third party like the SAF has to do the heaving lifting again.
Still think NRA abandoned NJ?
Yes. They gun club and the NRA are two separate corporate entities with different leadership.
The club belongs to the NRA association just as many private individuals in the state. Does not mean that the members call the shots. Plus their is the other issue of funding these lawsuits which has been soley done without NRA resources.
Heller and Chicago victories were paid for by private money.
LOL LOL LOL The NRA was part of Heller.... LOL LOL LOL
Talk about revisionist history.
The NRA tried to scuttle Heller so it would never see the light of day. To suggest otherwise is a lie.
The NRA had nothing to do with McDonald either other than trying to interfere with the case that they did not bring nor fund.
The only succeeded in demanding some of Gura’s oral argument time, using Paul Clement, an anti-2A attorney who worked on Heller decision but on the side of DC. Imagine that, the NRA using the same attorney who advocated against Heller.
The NRA definitely abandoned NJ in the fight against N.J.S.A. 2C:39-1 et seq. back in the early 1990’s.
The lead attorney of COALITION OF NEW JERSEY SPORTSMEN at the time was also prior president of the Coalition, and he railed against the NRA for publicly abandoning the state when only 3 votes needed in the Legislature to halt the passage at the time.
Then the NRA abandoned the legal challenge too.
http://www.constitution.org/2ll/bardwell/cnjs_v_florio.txt
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