Small Ray of Hope in NJ
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  1. #1

    Small Ray of Hope in NJ

    The NJ 2nd Amendment Society reported that Attorney Evan Nappen will appeal a "Right To Carry" case before the NJ Supreme Court!
    Noted gun ownership rights attorney Evan Nappen, the author of the New Jersey Gun Law Guide, reported that the NJ Supreme Court has agreed to hear an appeal of his case involving the denial of an application for a New Jersey permit to carry a handgun, submitted by his client.
    The question before the court is "Does the statutory requirement that an applicant for a permit to carry a handgun demonstrate a justifiable need to carry a handgun, N.J.S.A. 2C:58-4(d), violate the right to bear arms specified in the Second Amendment to the United States Constitution"?
    Certification that this case will be heard was granted on June 19, 2013. The significance of this certification is; that it is the first time in 45 years (since Burton v. Sills) that the NJ Supreme Court has agreed to consider an argument based upon the relevance of the Second Amendment to gun ownership rights in New Jersey.
    Even though this same question was denied recently at the federal level by the third circuit court of appeals, this outcome is extremely important with regard to future challenges that may be brought based on this particular argument, within the borders of New Jersey.
    If this challenge is successful, it will set the precedent that the Second Amendment to the Constitution of the United States is, indeed, a valid argument against New Jersey's overly restrictive firearms statutes. The ultimate question in this case is 'why should an individual be required to demonstrate a "need" if they desire to exercise a fundamental right, that is guaranteed by the Bill of Rights, just because they live in New Jersey.

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  3. #2
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    Small Ray of Hope in NJ

    The courts have ZERO authority to decide the matter.
    It was settled way back in 1779(?) I think and ended with a little known document called the Constitution and its companion, the Bill of Rights.



    Sent from behind enemy lines.

  4. #3
    Quote Originally Posted by CharlesMorrison View Post
    The courts have ZERO authority to decide the matter.
    It was settled way back in 1779(?) I think and ended with a little known document called the Constitution and its companion, the Bill of Rights.
    until the authorities in NJ agree with you, your rights are invalid in NJ, violate the law in NJ and you will spend years crying to your cellmates how your constitutional rights were violated

  5. #4
    The Second Amendment to the Constitution of the United States reads: “A well regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms shall not be infringed.” All states but six have an individual constitutional right to bear arms enshrined in their state constitutions. California, Iowa, Maryland, Minnesota, New Jersey, and New York restrict this right to maintaining a "state militia."
    This past February, the 7th Circuit Court of Appeals told Illinois Attorney General Lisa Madigan that she MUST honor the Constitution of the United States by doing away with her state’s ban on the concealed carry of firearms after a 3 judge panel of the Court found the Illinois law banning concealed carry to be unconstitutional. “The Supreme Court has decided that the [2nd] amendment confers a right to bear arms for self-defense, which is as important outside the home as inside,” wrote 7th Circuit Judge Richard Posner, paraphrasing the opinion of S.C. Justice Samuel Alito. The Illinois legislature subsequently wrote a law authorizing concealed carry. The Illinois Governor vetoed the bill. The Illinois legislature then overrode the Governpr's veto.
    New Jersey is in the 3rd Circuit jurisdiction. In a recent setback, on July 31, 2013, the United States Court of Appeals for the Third Circuit, a Federal court in Philadelphia, upheld New Jersey’s “Justifiable Need” requirement (http://www2.ca3.uscourts.gov/opinarch/121150p.pdf).
    All hope is not lost. The New Jersey Supreme Court granted Certification on 7/19/13 to consider an argument based upon the relevance of the Second Amendment to gun ownership rights in New Jersey. The significance of this Certification is that this is the first time in 45 years, that the NJ Supreme Court has agreed to consider an argument based upon the relevance of the Second Amendment to gun ownership rights in New Jersey.
    It may take a while, but both of these cases can ultimately lead to the US Supreme Court, which has a majority of Justices who support the Second Amendment.

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