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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: Beagle8U

New Jersey is a state it’s best to keep moving through without stopping.

Keep moving through the state (reference the McClure-Volkmer Act to only stop for gas and emergencies) towards your final destination state. Your destination state must have acceptable laws for your stay.

We make some generalities with our color map here for ease of use so you should always look up the current details of the laws. Handgun laws are where it usually varies the most. This is a controversial issue but which ever side you are on, it is better to have informed people out there. You can also download an easy to print new 2013 version with all states and details.

New Jersey Gun Law Travel Guide Basics

Ownership: restricted, permits and id cards required Consistency of laws: uniform throughout state
Self-defense: NO castle doctrine
Open carry: prohibited
Concealed carry: licenses may possible be issued, no other states permits accepted
Vehicle carry handguns: not permitted without NJ permit or law issued purchaser card
Vehicle carry long guns: not permitted without NJ permit or law issued purchaser card

http://www.allstays.com/Features/new-jersey-gun-laws-travel-guide/


61 posted on 02/15/2015 1:13:31 PM PST by KeyLargo
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To: Boogieman

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


62 posted on 02/15/2015 1:15:39 PM PST by KeyLargo
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To: digger48

I think at a subcontious level many government authorities actually derive pleasure from terrorizing their citizens. The more outrageous the case, the more it gives them a thrill. The power to punish the innocent is their ultimate thrill.


63 posted on 02/15/2015 1:17:11 PM PST by Flick Lives ("I can't believe it's not Fascism!")
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To: digger48

Sounds like a pretty stupid law.

However, I think it’s reasonable to point out that if we really believe in federalism and/or states’ rights, part of the package is that some states will pass stupid laws.

For most of its history, the Bill of Rights was not considered to apply to the states and their laws. 14A has gradually changed that. I believe recent rulings have decided 2A does apply to the states in some cases. Maybe this case will expand rights farther.


64 posted on 02/15/2015 1:17:15 PM PST by Sherman Logan (PO)
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To: Haiku Guy

When you refuse to give the police permission to search your vehicle, they will impound the vehicle and arrest you on the spot ... believe me, it happens ...


65 posted on 02/15/2015 1:21:02 PM PST by Ken522
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To: Nowhere Man
This is insane. New Jersey does not understand the “shall not be infringed” part of the 2nd Amendment.

They also missed the part about searches and seizures without probable cause. Indeed, what possible cases could this dick cop have for searching the car of a 72 year old man after a routine traffic stop.

66 posted on 02/15/2015 1:21:20 PM PST by Labyrinthos
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To: digger48

Yet newark and camden NJ are gun free zones where you can buy an illegal gun and use it on other humans. Stupidity is common place in many states


67 posted on 02/15/2015 1:32:03 PM PST by ronnie raygun (Empty head empty suit = arrogant little bastard)
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To: digger48

If only New Jersey were part of the United States.


68 posted on 02/15/2015 1:36:15 PM PST by gitmo (If your theology doesn't become your biography, what good is it?)
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To: Labyrinthos
"He acquired a genuine antique flintlock pistol from that era, and had it unloaded and wrapped in a cloth in his glove compartment when he was pulled over for an alleged minor traffic violation. "

The article doesn't say when he bought the flintlock. My guess is that he was followed or his plate was placed on a radar, and the cop used some stupid excuse to stop him.

The article also does not state what the traffic violation was.

69 posted on 02/15/2015 1:42:36 PM PST by 1_Rain_Drop
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To: Nowhere Man; All

It wouold be funny if it were not tragic.

How many disarmists have said that the second amendment only applies to flintlocks?

Not in New Jersey.


70 posted on 02/15/2015 1:42:50 PM PST by marktwain
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To: Nowhere Man

They understand it alright, they just do not abide by it. The only recourse is, if you even think the word gun, stay the hell out of New Jersey. Let them do their own gardening.


71 posted on 02/15/2015 1:43:09 PM PST by sport
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To: Lurkinanloomin

Agreed.


72 posted on 02/15/2015 1:43:34 PM PST by sport
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To: Dick Bachert

AMEN and AMEN!!!!


73 posted on 02/15/2015 1:45:29 PM PST by sport
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To: digger48
possession of a slingshot is a felony under New Jersey law...Wow. Just wow.
74 posted on 02/15/2015 1:52:22 PM PST by SisterK (its a spiritual war)
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To: Chode
I believe now that all law enforcement officers view traffic stops as fishing expeditions. In other words, the use the traffic stop to see if they can find anything on you.

Never forget: Don't talk to the police. Never consent to having your vehicle searched. Both of these will probably result in a ride in a police car and having your vehicle towed, but it beats prison time.

75 posted on 02/15/2015 1:57:40 PM PST by sport
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To: Sherman Logan

“For most of its history, the Bill of Rights was not considered to apply to the states and their laws.”

For about 90 years, from 1833 to about 1925, roughly.

There were state court cases in the early 1800’s that invalidated state weapons laws based on the second amendment. In 1833, the Supreme Court ruled that the Bill of Rights did not apply to the States in Barron v. Baltimore.

Then about 1925, the Supreme Court started, belatedly, saying that the 14th amendment applied the protections of some of the bill of rights to the states.

That is about 90 years out of 225, even though incorporation has been a hit and miss, slipshod process.


76 posted on 02/15/2015 2:01:29 PM PST by marktwain
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To: Leaning Right

Thank you for your response. I had been trying to think of a phrase to use but could think of one.


77 posted on 02/15/2015 2:02:45 PM PST by sport
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To: Haiku Guy

+2. Never ever never.


78 posted on 02/15/2015 2:04:50 PM PST by mad_as_he$$
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To: Beagle8U

Yep, that’s how I figure it would go down.


79 posted on 02/15/2015 2:06:01 PM PST by SaveFerris (Be a blessing to a stranger today for some have entertained angels unaware)
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To: Nowhere Man

This one story would have been enough to spark the 1st American Revolution. We no longer have the right to even pretend that we live in a free country.


80 posted on 02/15/2015 2:09:28 PM PST by HMS Surprise (Chris Christie can STILL go straight to hell.)
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