NJ Carry Case takes another baby step.


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NJ Accountant
January 28, 2011, 08:42 AM
I'm posting from my phone, the story is on the anjrpc website and on njgunforums. If someone would be so kind as to post a link.

NJ submitted their motion to dismiss on the grounds that its too dangerous to have handguns carried outside of your own home. I'm paraphrasing but it was something like this:

"Our finding is that we can't allow you to carry handguns, it's too dangerous. We base these findings on completely nothing, please think of the children. " signed some poor Guy assigned to this hopeless case Esq.

They also had the minerals to say that the current process is "shall issue " since if the superior court judge, in NJ, finds that you've met all the requirements including the impossible "justifiable need" than he shall issue you a carry permit.

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Horny Toad
January 28, 2011, 11:49 AM
Links: http://anjrpc.site-ym.com/resource/resmgr/Legal_Motions___Briefs/NJ_AG_Motion_to_Dismiss.pdf

http://www.anjrpc.org/

NJ Accountant
January 28, 2011, 01:32 PM
Thank you.

Standing Wolf
January 28, 2011, 03:12 PM
They also had the minerals to say that the current process is "shall issue " since if the superior court judge, in NJ, finds that you've met all the requirements including the impossible "justifiable need" than he shall issue you a carry permit.

Orwell would laugh and shake his head.

General Geoff
January 29, 2011, 04:04 AM
From the motion:

New Jersey’s carefully conceived and long-standing regulatory
scheme is rooted in an appreciation that a permit to carry may not
afford any measure of self-protection to a particular applicant and
would instead increase the risk of the applicant being involved in
“the known and serious dangers of misuse and accidental use.”

When a handgun is carried in public, the
serious risks and dangers of misuse and accidental use are borne by
the public.
As the New Jersey Supreme Court has recognized:
“Surely such widespread handgun possession in the streets, somewhat
reminiscent of frontier days, would not be at all in the public
interest."
If that last quote was actually put forth by the NJ Supreme Court, I've got to laugh. Since when do Supreme Court Justices use "Surely" as justification for completely destroying a Constitutionally protected right?

AirForceShooter
January 29, 2011, 06:35 AM
The pro-gun organizations in New Jersey and New York are pathetic.
Given Heller and McDonald they should be going right down the throats of the states.

Sue for possession without permits and shall issue carry.

AFS

ultradoc
January 29, 2011, 07:35 AM
I am glad I don't live there. My uncle does and it stinks.

NJ Accountant
January 30, 2011, 03:52 PM
Challenges to gun control need to be step by step. Every case that goes before the supreme court decides what the laws are enforceable everywhere.

Reach for too much at once and they may validate some of new Jerseys draconian gun control. It only takes one conservative justice swinging left on an issue of "public safety" to upset the 5 for balance in favor on gun rights.

xXxplosive
January 30, 2011, 05:58 PM
IMO.....it's stated that you can carry a handgun on your property or place of business here in NJ...........that means outside your home to me.

NJ Accountant
January 31, 2011, 01:47 AM
Yes, you can carry on property You own and in a fixed place of business you own.

AirForceShooter
January 31, 2011, 05:52 AM
The tiny steps argument is the one advocated by the NRA.
If they had their way, Heller and McDonald wouldn't have ever been brought.

AFS

NJ Accountant
January 31, 2011, 09:23 AM
Correct me if I'm wrong but both the second amendment foundation and the Goa advocate small steps just not as small as the NRA who basically advocates the status quo?

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