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Retired Teacher Faces 10 Years for Flintlock Possession (Welcome to New Jersey)
Legal Insurrection ^ | 2-15-2015 | Andrew Branca

Posted on 02/15/2015 11:08:01 AM PST by digger48

click here to read article


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To: digger48

To: My valentine Barry

From: Your butt buddy Krispy Creame.

Happy Valentines Day

21 posted on 02/15/2015 11:31:49 AM PST by KeyLargo
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To: digger48

Sound advice:

”Avoid New Jersey. Don’t come here.”


22 posted on 02/15/2015 11:32:44 AM PST by Carthego delenda est
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To: digger48

Pension loss looks like it has to be work related. In this case its not.
http://law.onecle.com/new-jersey/43-pensions-and-retirement-and-unemployment-compensation/1-3.1.html


23 posted on 02/15/2015 11:34:27 AM PST by Renegade
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To: Haiku Guy
RULE #1: Never consent to a search of your vehicle.

Right you are. Here's the full set:

RULE #1: Never consent to a search of your vehicle.
RULE #2: Politely refuse to answer questions. Say: "I'm sorry, but I can't answer any questions unless my lawyer is present."
RULE #3: Memorize to Rules 1 and 2.

24 posted on 02/15/2015 11:35:56 AM PST by Leaning Right (Why am I holding this lantern? I am looking for the next Reagan.)
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To: digger48

25 posted on 02/15/2015 11:35:57 AM PST by SWAMPSNIPER (The Second Amendment, a Matter of Fact, Not A Matter of Opinion)
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To: Carthego delenda est

I left the friggin’ state( ZooJersey )after 35 years working there and moved to Pennsylvnia. Had a cc permit in two weeks( wife too) and now can buy all the good “toys’ without magazine limits or buy permits.


26 posted on 02/15/2015 11:36:51 AM PST by Renegade
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To: Nowhere Man

When can police search your car?

Whether they frisk you or not, police may ask you a series of questions. They will probably include something like “You don’t mind if I have a look in your car?” Beware of that question: It’s the legal loophole that the officer wants to snare you in. (It might even sound like a command, but it’s technically a request.)

In response to such request, you may politely decline by saying “Officer, I know you’re just doing your job, but I don’t consent to searches.” Some officers may use their authority to make you feel obligated to prove your innocence by asking “What do you have to hide?” Don’t fall for such tricks. If necessary, repeat your refusal.

Remember: The 4th Amendment protects your right to refuse search requests, but it doesn’t require police to tell you about your right to refuse. In fact, consenting to searches automatically makes them legal in the eyes of the law. So if you’re pulled over, don’t try to figure out whether or not the officer has probable cause to legally search you. You always have the right to refuse searches.

Refusing a search request is not an admission of guilt and does not give the officer the legal right to search or detain you. In fact, most avoidable police searches don’t occur because police have probable cause. They occur because people get tricked or intimidated into consenting to search requests.

http://www.flexyourrights.org/faqs/when-can-police-search-your-car/


27 posted on 02/15/2015 11:37:37 AM PST by KeyLargo
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To: Chode
I suspect if you have a Firearm ID Card in the State of NJ, they are always going to want to search your vehicle.
28 posted on 02/15/2015 11:37:39 AM PST by Haiku Guy (Every driver with a "Ready For Hillary" bumper sticker had to scrape off a "Obama 12" bumper sticker)
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To: KeyLargo

Christie is about as good as you could realistically hope for in a state that is and has long been controlled by Democrats. I would support him for governor if I was unfortunate enough to live in New Jersey.

Fortunately, most of the rest of the country is not controlled by Democrats. We can do a lot better than Christie.


29 posted on 02/15/2015 11:38:47 AM PST by Bubba_Leroy (The Obamanation Continues)
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To: Renegade
They can’t revoke his pension because he was already retired.

In some cases they can. Most states have a list of crimes that can void an already-started government pension. I can't believe that possessing an old flintlock could be one of them, but then again this is New Jersey.

30 posted on 02/15/2015 11:39:02 AM PST by Leaning Right (Why am I holding this lantern? I am looking for the next Reagan.)
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To: digger48

I fail to see what crime he broke being in possession of an antique gun.


31 posted on 02/15/2015 11:39:18 AM PST by Republican1795.
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To: digger48
Unbelievable!
I don't know the law in NJ, but I suspect he might have been OK if he had it locked in his trunk
32 posted on 02/15/2015 11:40:16 AM PST by expat2
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To: Georgia Girl 2

Yes, praise God.


33 posted on 02/15/2015 11:41:24 AM PST by DeoVindiceSicSemperTyrannis
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To: KeyLargo

Unfortunately, if you do not consent to a search, they will just call in a canine unit. Once the dog “alerts” to your car, they have probable cause to search it, with or without your permission.

If they really want to search your vehicle, the dog “alerts” by breathing.


34 posted on 02/15/2015 11:41:28 AM PST by Haiku Guy (Every driver with a "Ready For Hillary" bumper sticker had to scrape off a "Obama 12" bumper sticker)
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To: Republican1795.

“I fail to see what crime he broke being in possession of an antique gun.”

In New Jersey, N.J.S.A. 2C:39-5(b) governs charges for illegal possession of a handgun and provides, in pertinent part:

§ 2C:39-5. Unlawful possession of weapons

b. Handguns. Any person who knowingly has in his possession any handgun, including any antique handgun, without first having obtained a permit to carry the same as provided in N.J.S.A. 2C:58-4, is guilty of a crime of the third degree if the handgun is in the nature of an air gun, spring gun or pistol or other weapon of a similar nature in which the propelling force is a spring, elastic band, carbon dioxide, compressed or other gas or vapor, air or compressed air, or is ignited by compressed air, and ejecting a bullet or missile smaller than three-eighths of an inch in diameter, with sufficient force to injure a person. Otherwise it is a crime of the second degree.

http://www.morristowncriminallaw.com/charge-types/weapons-offenses/illegal-possession-of-a-handgun-an-indictable-offense-under-n-j-s-a-2c39-5b/


35 posted on 02/15/2015 11:43:24 AM PST by KeyLargo
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To: digger48
Van Gilder consented to a requested search of his vehicle...

He should also face a charge of stupidity. Never, ever consent to a search.

36 posted on 02/15/2015 11:44:03 AM PST by Veggie Todd (The tree of liberty must be refreshed from time to time with the blood of patriots and tyrants. TJ)
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To: expat2; digger48

To carry a legal firearm in my vehicle in New Jersey, it must be locked in a case and stored away out of reach in the vehicle. It would be best if it were locked in the trunk. If the vehicle does not have a trunk, it should be in the behind the seats in the back.

The firearm must be unloaded and the ammunition must be kept in a separate, locked case.


37 posted on 02/15/2015 11:45:26 AM PST by Haiku Guy (Every driver with a "Ready For Hillary" bumper sticker had to scrape off a "Obama 12" bumper sticker)
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To: digger48

I worked and lived in that God forsaken state for 31 years. When I knew that I was going to retire, moved across the river to Pennsylvania, then to Florida. I won’t even go back to visit.


38 posted on 02/15/2015 11:45:40 AM PST by Capt_Hank (btu's...kcal's...to kJ's, but my activation energy is still high.)
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To: Haiku Guy
so the FID card does what exactly, and did he have one?
39 posted on 02/15/2015 11:46:08 AM PST by Chode (Stand UP and Be Counted, or line up and be numbered - *DTOM* -w- NO Pity for the LAZY - 86-44)
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To: ScottinVA
"“Do you really think we want those laws observed?" Said Dr. Ferris.

We want them broken.

You better get it straight that it's not a bunch of boy scouts you're up against - then you'll know this is not the age for beautiful gestures.

We're after power and we mean it.

You fellows were pikers, but we know the real trick and you'd better get wise to it.

There’s no way to rule innocent men.

The only power any government has is the power to crack down on criminals.

Well, when there aren’t enough criminals, one makes them.

One declares so many things to be a crime that it becomes impossible for men to live without breaking laws.

Who wants a nation of law-abiding citizens? What’s there in that for anyone?

But just pass the kind of laws that can neither be observed nor enforced nor objectively interpreted and you create a nation of law-breakers - and then you cash in on guilt. Now, that's the system Mr. Reardon, that's the game, and once you understand it, you'll be much easier to deal with."

Ayn Rand, Atlas Shrugged, Part 2, Chapter 3, Page 404

40 posted on 02/15/2015 11:49:37 AM PST by GeorgiaDawg32 (www.greenhornshooting.com - Professional handgun training)
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