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Brady Center lawsuit to use “smart” gun mandate to trigger handgun ban in New Jersey
The Washington Post's The Volokh Conspiracy ^ | May 22, 2014 | David Kopel

Posted on 05/24/2014 8:58:06 PM PDT by 2ndDivisionVet

Early this month I wrote about New Jersey’s “smart” gun mandate. The statute bans the sale of all ordinary handguns in New Jersey within 30 months of the date when “at least one manufacturer has delivered at least one production model of a personalized handgun to a registered or licensed wholesale or retail dealer in New Jersey or any other state.” N.J. Stats. sect. 2C:58–2.2 et seq. A so-called “smart” gun is one with some kind of technology such that only the owner is supposed to be able to fire it. As detailed in my previous post, American police and other citizens appear to have very little interest in such guns, in part because of reliability problems.

The 30-month countdown to the ban on handgun sale is triggered by a report from the New Jersey Attorney General:

2. a. On the first day of the sixth month following the effective date of P.L.2002, c.130 (C.2C:58-2.2 et al.), the Attorney General shall report to the Governor and the Legislature as to the availability of personalized handguns for retail sales purposes. If the Attorney General determines that personalized handguns are not available for retail sales purposes, the Attorney General, every six months thereafter, shall report to the Governor and the Legislature as to the availability of personalized handguns for retail sales purposes until such time as the Attorney General shall deem that personalized handguns are available for retail sales purposes and so report to the Governor and the Legislature. In making this determination, the Attorney General may consult with any other neutral and detached public or private entity that may have useful information and expertise to assist in determining whether, through performance and other relevant indicators, a handgun meets the statutory definition of a personalized handgun set forth in N.J.S.2C:39-1....

(Excerpt) Read more at washingtonpost.com ...


TOPICS: Constitution/Conservatism; Crime/Corruption; Government; US: New Jersey
KEYWORDS: banglist; guncontrol; gunsales; newjersey
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David Kopel is Research Director, Independence Institute, Denver, Colorado; Associate Policy Analyst, Cato Institute, Washington, D.C; and Adjunct professor of advanced constitutional law, Denver University, Sturm College of Law. He is author of 15 books and 90 scholarly journal articles.
1 posted on 05/24/2014 8:58:06 PM PDT by 2ndDivisionVet
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To: 2ndDivisionVet

If the owner is the only one who can fire the gun, I guarantee the cops will be able to cause it not to fire.


2 posted on 05/24/2014 9:08:30 PM PDT by VerySadAmerican
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To: 2ndDivisionVet

When that gun fails to fire, will the mfg be liable for the death of the person who owned this smart gun?


3 posted on 05/24/2014 9:14:43 PM PDT by dila813
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To: VerySadAmerican

Exactly. If they can shut off your automobile, Internet or utilities, they’ll be able to shut off your firearm.


4 posted on 05/24/2014 9:17:58 PM PDT by 2ndDivisionVet (I will raise $2Million USD for Cruz and/or Palin's next run, what will you do?)
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To: 2ndDivisionVet

“He is author of 15 books and 90 scholarly journal articles.”

I know a roll of toilet paper is more valuable than every page this genius wrote in.


5 posted on 05/24/2014 9:18:07 PM PDT by max americana (fired liberals in our company last election, and I laughed while they cried (true story))
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To: 2ndDivisionVet

What an insane law. Even if you could get it to work reliably, the logic behind requiring such a thing is as ass-backwards as the argument for gun control...

oh.


6 posted on 05/24/2014 9:18:31 PM PDT by Talisker (One who commands, must obey.)
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To: 2ndDivisionVet

This is complete infringement of what the definition of arms is.


7 posted on 05/24/2014 9:18:33 PM PDT by lavaroise (A well regulated gun being necessary to the state, the rights of the militia shall not be infringed)
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To: dila813

Within warranty period, absolutely.


8 posted on 05/24/2014 9:18:41 PM PDT by Holdem Or Foldem (Life isn't fair, so wear a cup.)
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To: 2ndDivisionVet
This law is blatantly unconstitutional. Do they really think they can get away with this crap? NJ needs to look at what happened in CT with their demand for the turn-in of all long guns. The people said (in essence), "Screw you; go away," and refused to comply.
9 posted on 05/24/2014 9:18:52 PM PDT by Doug Loss
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To: max americana

You should read the article. Kopel is one of the greatest and most intellectually powerful defenders of gun rights America has ever had. The guy deserves numerous medals for his works.


10 posted on 05/24/2014 9:22:25 PM PDT by Talisker (One who commands, must obey.)
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To: Doug Loss

11 posted on 05/24/2014 9:23:08 PM PDT by 2ndDivisionVet (I will raise $2Million USD for Cruz and/or Palin's next run, what will you do?)
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Comment #12 Removed by Moderator

To: 2ndDivisionVet

Armatix and “ANY” retailer or wholesaler are enemies of “The People” and an affront to “The Right of the People”.

They should be treated as such and so should anyone who purchases from them.

They should boycotted and anyone owning an Armatix or like weapon should be shunned, never associated with again.

They are pariahs and anethma to American Citizens. .


13 posted on 05/24/2014 9:29:34 PM PDT by Vendome (Don't take life so seriously-you won't live through it anyway-Enjoy Yourself ala Louis Prima)
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To: max americana

Indeed, the whole premise that WE ARE NOT ENLISTED, but the government agents and police are, is completely lost on these numbskulls.

They are the ones who need microchip activated guns, because they ahve enlisted under our trust, not us.


14 posted on 05/24/2014 9:31:46 PM PDT by lavaroise (A well regulated gun being necessary to the state, the rights of the militia shall not be infringed)
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To: Talisker

Benedict Arnold was a great general and patriot at one time as well.


15 posted on 05/24/2014 9:32:49 PM PDT by Vendome (Don't take life so seriously-you won't live through it anyway-Enjoy Yourself ala Louis Prima)
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To: Vendome

indeed, these are fascist profiteers of government regulation to kill business and people. They are not interested in business other than the business of rationing and not figuring how the nation’s laws restricting enlisted government works.

These people are bank robbing conspirators. Like the 911 hijacker, they only are interested in flying it, not landing or running the business of America but into the ground.


16 posted on 05/24/2014 9:37:16 PM PDT by lavaroise (A well regulated gun being necessary to the state, the rights of the militia shall not be infringed)
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To: lavaroise

Note to All:
“The manufacturer was a German company. I know of no major or serious American manufacturers who produced such a vile insult.”


17 posted on 05/24/2014 9:40:44 PM PDT by Vendome (Don't take life so seriously-you won't live through it anyway-Enjoy Yourself ala Louis Prima)
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To: Talisker

Apparently you can’t reason with idiots. But at least you tried! lol


18 posted on 05/24/2014 10:15:55 PM PDT by TigersEye ("No man left behind" is more than an Army Ranger credo it's the character of America.)
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To: TigersEye
“at least one manufacturer has delivered at least one production model of a personalized handgun to a registered or licensed wholesale or retail dealer in New Jersey or any other state.”

Bans ALL traditional handguns when this milestone is met. They won't even take a chance that some idiot would buy one. Just get one in a store somehow.

I wouldn't say they are idiots - pretty evil and devious, but not complete idiots. Zealots, control-freaks, socialists, tyrants is more like it.

19 posted on 05/25/2014 2:23:51 AM PDT by Gaffer
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To: 2ndDivisionVet

Kind of scary, to see the country dividing itself into areas where self-defense is legal, and areas where it is not (essentially, gun-free zones for all but the felons).

It’s already affecting my kids, as they won’t move from Texas to gun-hating states, and thus it’s affecting who they can recruit. In the other direction, even flaming liberals (unfortunately) will come to Texas, because the big-money jobs we have here.

So we win, maybe win big...but even so, I’d like to see the Second Amendment apply to all 50 states instead.


20 posted on 05/25/2014 4:13:38 AM PDT by BobL
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