Gun Suits to proceed (New Jersey judges at it again)

[1Old Pro]

Story url: http://www.nj.com/news/ledger/jersey/index.ssf?/base/news-3/104745316653240.xml

[Black Agnes]

ping.

[Edison]

The state of NJ authorizes the purchase of every handgun. You can not buy a hand gun without getting a "permission slip" from the state. One handgun = one permission slip. Want another handgun, apply for another permission slip.

No way this flies.

Edison

[TruthShallSetYouFree]

How about suing the makers of baseball bats for vandalism and assault cases, the makers of matches for arson, and the makers of beer for the high rate of unwanted pregnancies?

[apillar]

Hopefully congress will pass the nationwide lawsuit premption bill and end all this nonsense once and for all.

[pabianice]

So it gets elevated one more level where the next highest court can call these judges Marxist morons. Works for me.

[jdege]

Siebel said yesterday's ruling could provide a basis for overturning a decision last week by a San Diego judge

Right.

The state court is trying to overturn a federal appeals decision, by claiming that they have a better understanding of how New Jersey state law is interpreted.

It's an argument that SCOTUS has allowed, on occassion. Though it's not likely to fly in this case.

But even if this decision does stand, a claim based on the particularities of New Jersey law isn't going to provide much standing for a decision citing a federal decision in California.

[harpseal]

bang

[1Old Pro]

How about suing the makers of baseball bats for vandalism and assault cases, the makers of matches for arson, and the makers of beer for the high rate of unwanted pregnancies?

It's the dreaded, awful, evil, gun that they're after. Liberals like bats, matches and beer so they're O.K.

[Eric in the Ozarks]

I think beer is next.

[Alberta's Child]

I need a lawyer to confirm this for me, but I would think the state courts in New Jersey have no jurisdiction in a case like this unless the manufacturers named in the suit are based in New Jersey. This would seem to be a clear violation of the Commerce Clause, which gives the Federal government the authority to regulate interstate commerce.

[Steve_Seattle]

The postmodernist New Jersey courts strike again. We need to understand that for the far left, THE LETTER OF THE LAW MEANS NOTHING. Laws will be interpreted backwards, upside-down, and inside-out to get the desired result. The classic example is the contrast between guns and abortion - the right to bear arms is specifically protected in the Constitution - with its own amendment! - but that right is denied by the Left. On the other hand, the Left screams till purple-faced about the "constitutional right to abortion," which is nowhere mentioned in the Constitution, was outlawed or restricted by most states, was prohibited by the Hippocratic Oath, and which was viewed as immoral by most of the public throughout most of our history. For the Left, no legal claim is too proposterous to assert in the pursuit of a desired policy objective.

[RicocheT]

13 posted... by Steve_Seattle is worth repeating:

"...We need to understand that for the far left, THE LETTER OF THE LAW MEANS NOTHING. Laws will be interpreted backwards, upside-down, and inside-out to get the desired result.

The classic example is the contrast between guns and abortion - the right to bear arms is specifically protected in the Constitution - with its own amendment! - but that right is denied by the Left. On the other hand, the Left screams till purple-faced about the "constitutional right to abortion," which is nowhere mentioned in the Constitution, was outlawed or restricted by most states, was prohibited by the Hippocratic Oath, and which was viewed as immoral by most of the public throughout most of our history.

For the Left, no legal claim is too preposterous to assert in the pursuit of a desired policy objective."

[Ancesthntr]

The postmodernist New Jersey courts strike again. We need to understand that for the far left, THE LETTER OF THE LAW MEANS NOTHING. Laws will be interpreted backwards, upside-down, and inside-out to get the desired result. The classic example is the contrast between guns and abortion - the right to bear arms is specifically protected in the Constitution - with its own amendment! - but that right is denied by the Left. On the other hand, the Left screams till purple-faced about the "constitutional right to abortion," which is nowhere mentioned in the Constitution, was outlawed or restricted by most states, was prohibited by the Hippocratic Oath, and which was viewed as immoral by most of the public throughout most of our history. For the Left, no legal claim is too proposterous to assert in the pursuit of a desired policy objective.(Emphasis added)

This bears repeating. Thanks, Steve, for cutting to the chase, and for stating something that will never be uttered or printed by the mainstream media or press.

[ought-six]

You want to bet this won't fly? The NJ Supreme Court is EXTREMELY liberal. Just remember how it ruled in the Senate race last year, when it completely ignored the law in order to allow the Democrats to replace Torricelli, who was going to lose to his Republican challenger, with that liberal old geezer who could, and did, win. Believe me, the NJ Supreme Court is an arm of the Democratic Party.

[Edison]

oh yea I conveniently put that out of my mind. I didn't think that would fly either. I must be living in De Nile while all the time I thought I lived in NJ.

Edison

[Steve_Seattle]

The NJ Supreme Court also ruled that the Boy Scouts were a "public accommodation" when it ruled against them in the gay scoutmaster case. Previously, everyone had understood "public accommodation" to be a place of business open to the general public, such as a hotel or restaurant. The NJSC stretched the meaning of "public accommodation" to include private organizations that are widely perceived as non-sectarian in nature, and attempted to force those organizations to renounce their by-laws if they contained elements offensive to the court.

[Coleus]

And you have to go to a Superior Court judge and plead your case in order to get a carry permit! Do you live in NJ?

[TC Rider]

..for the city to claim that the gun manufacturers' "alleged purposeful or negligent 'feeding' of guns to an illegal secondary gun market through their manufacturing, advertising and distribution scheme would yield the criminal use of the firearms in Newark..."

We are to believe that all of the advertising/marketing of gun manufacturers is not to seduce the lawful to buy, but to encourage a criminal class to steal the lawfully procured weapons.

Yet, what group continually paints guns as 'evil', 'deadly', 'assault style', etc. The gun grabbers, that's who.

If not for the lefties and their useful idiots, I doubt we'd ever see a gun on the news. And remember it's the Hollywood lefties who keep glorifying guns on 'entertainment' shows.

A NY Senator glorifying guns for criminal youth while not following safe practices.