Posted on 05/16/2019 11:34:54 AM PDT by NewJerseyJoe
WASHINGTON, D.C. – There’s a major challenge to New Jersey’s gun control regime which could get taken up by the U.S. Supreme Court. A decision will be made on May 23rd.
The Association of New Jersey Rifle & Pistol Club previously initiated Rogers v. Grewal, a challenge to New Jersey’s restriction on carry licenses, and the case has worked its way through the federal judiciary. Next week, the Supreme Court will finally hold a conference at which time the Justices will sit around a giant conference table, discuss the points of law implicated by cases awaiting action, and ultimately vote on any pending petitions of certiorari (a request for SCOTUS to review a lower court’s decision).
The stakes are potentially huge.
That’s because the circuits are split. The First, Second, Third, and Fourth Circuits have issued decision favorable to strong state gun controls concerning carry licenses; the Seventh and Ninth Circuits along with the influential D.C. Circuit went in the other direction. This is an opportunity for the Highest Court in the Land to resolve the dispute… if they take it up and grant cert.
If SCOTUS hears the case, how the High Court rules will likely turn on whether a majority believes strict scrutiny is the appropriate standard of judicial review for gun control carry laws.
Confused? Our friend Anthony Colandro – a New Jersey gun range owner and NRA director – recently caught up with Second Amendment attorney Evan Nappen to get his take on whether SCOTUS will take up Rogers and the possible implications for gun owners in the Garden State and the other 49 states:
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I believe that at least five of the justices understand just how unequivocal "shall not be infringed" is.
NJ has got to be the worst state in the country-
It absolutely is. I won’t go to Philly unarmed, and am always super vigilant about crossing any bridges into the sewer state by accident.
It’s happened to others. In every situation, you are far better off backing up on the bridge and facing those consequences than actually crossing the border.
I am NOT confident that SCOTUS would rule correctly and, if we lose in a 5-4 ruling with a ghastly anti-carry opinion written by Roberts, then those states' concealed carry protections MAY be in jeopardy.
I feel for my brethren Deplorables in blue "may issue" states. But I would rather suffer the sporadic injustices of "may issue" statism when there ARE many surrounding states that permit freedom, than gamble and lose at the federal/SCOTUS level level unless we get two liberal retirements and good replacements.
Each state has a reciprocity agreement with other states.
Have you looked up an Out of State CCW from Utah? It allows you to carry in 32 states and you can get one even if you’re not a resident. That’s because Utah has reciprocity agreements with 31 other states.
Why do I know about Reciprocity Agreements? Because one slow night sitting in my patrol car, I skimmed thru the Georgia Traffic code and saw that Georgia didn’t have Full Reciprocity, with California, with respect to driving privileges. Meaning? That if I pulled over a driver from California for a moving violation, they were not allowed to get a ticket. They would have to be taken to jail and make bond. Which was rather surprising to me.
But you said it yourself...... Gun stuff gets different treatment from legislation designed to destroy our culture.
Go to the NRA Legislative page....https://www.nraila.org/gun-laws/state-gun-laws/
it has a map of all the states, their gun laws, and the states that each has reciprocity with. They’ll be a common denominator with all of them, in one way or another. Basically, you could travel the US, from the Southeast, diagonally, to the Northwest with one CCW. Those states have one thing in common. They tend to be Republican. Its all up to the legislatures and what they agree on.
He is talking about Young v.State of Hawaii.
Yes, it is a three judge panel, and an appeal has been filed for an en banc ruling.
But the Ninth Circuit has ruled they will wait on the New York Rifle and Pistol Club case to be settled by the Supreme Court before they will hear the case en banc.
“Basically, you could travel the US, from the Southeast, diagonally, to the Northwest with one CCW. Those states have one thing in common.”
As long as you avoid filthynois.
Black-robed tyranny.
“Yes, I’m confused why the simple 2nd amendment language can be interpreted to restrict our rights.”
http://constitution.org/2ll/2ndschol/17denc.pdf
You wouldn’t have to go anywhere near it on the route I said.
If it weren’t for Chicago, that state would be completely different. Interestingly, so many of our restrictive gun laws, NFA, were born from crap that happened in that city. It really is a sh*thole, in so many ways.
Rank constitutional dishonesty. Such as every case that purports to cite Miller.
Tell me about it...I’m in the belly of the beast. You are right...minus metro Chicago area Illinois votes like Idaho.
Yes, but while they wait, the original three-judge ruling has been set aside. The Ninth Circuit is free right now to rule in favor of the Second Amendment. They refuse to do that until and unless the Supreme Court leaves them no choice.
I thought Well Regulated was how well the cylinder lines up with the bore.
I think much of the anti-Second Amendment crowd were very concerned that the Heller decision from the Supreme Court might overturn the Miller decision. They thought this might occur because they believed the lower court lies that the Miller decision recognized a "collective right" for states to form militias.
Much to their surprise the Heller Court didn't overturn Miller. That is because Miller doesn't say what they think it says. The Miller decision actually established that the keeping and bearing of arms by the people is protected if those arms are useful to a militia. The Heller decision then expanded that concept by ruling that the keeping of arms in the home by the people is protected if those arms are useful for self defense.
The more recent Caetano decision outlined the reasons why Massachusetts was wrong to outlaw possession of a stun gun. Oddly missing was any mention of the fact that the person charged was evidently carrying it outside the home.
Some people can. Many can't.
California recognizes no other states' permits. Oregon recognizes no other states' permits but will issue to residents of neighboring states on a "may-issue" basis. That leaves only Washington as a route to the Pacific. Washington recognizes Nevada but not the easier to obtain Utah or Florida permits (at least as I recall).
So, if you are a Washington resident with a Washington permit you can travel that route from, let's say, Georgia to Washington.
South Carolina and, more recently Pennsylvania, refuse to recognize permits held by non-residents of the state issuing the permit. South Carolina doesn't recognize my California permit and has never recognized any of my other permits because I am not a resident of those states. I can't understand why Pennsylvania has drifted to the dark side.
Many counties in Pennsylvania, but not all, will issue to non-residents. The problem is that you have to appear in person to be issued the permit. I may be visiting a relative in Pennsylvania soon and may just check out the process.
My link in #28 covers the dishonest lower court cites of Miller. That was from a long time ago, so the could well be others since.
Isn’t it time for another ‘proof of life’ request for RBG?
“Its happened to others. In every situation, you are far better off backing up on the bridge and facing those consequences than actually crossing the border.”
I got out of that SH state nearly 20 years ago, thank God. When I left I damned near gave my wife a heart attack.
[Passes “Welcome to Delaware” sign on the Delaware Memorial Bridge]
“Hey, now you don’t have to worry about bailing me out of jail anymore.”
“Wha, wha, WHAT ARE YOU TALKING ABOUT?”
[Explains NJ AWB, outlawing magazines of over 15 rounds].
“How many of them do you have?”
“Well, sitting about 18 inches behind my ass is roundabouts 200 years in Rahway State Prison.” [Smiles].
[Wife turns white as a sheet, sits in silence for 30 seconds].
“They don’t have laws like that in Texas, do they?”
“No, babe, Texas is in America.”
Phuck NJ and its Communist gun laws. The only thing that I like to do that involves NJ and guns is to put .308 caliber holes in NJ quarters with my Remington 700.
I want to see RBG on the freakin’ bench.
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