ConstitutionCowboy
member
^^
Uhh....No.
Nothing in this particular case has anything to do with any constitutional questions.
1: The rights of each state to regulate the carriage of firearms within its own jurisdiction is not under debate. Can't challenge that.
2: NJ "Does" provide a mechanism to apply for a permit to carry a handgun. This woman did not so apply. No case there.
3: NJ does not recognize other states permits, and has no obligation to do so. No case there.
So... nope. No case for SCOTUS to consider.
Bottom line: In regards to other than reciting the tried and true feel-good knee-jerk phrase "It violates her rights", well... <sigh> ... it doesn't violate her rights.
Now:
The *manner* in which NJ issues (or denies) applications for handgun permits might be subject to challenge *by persons who have standing to litigate it*, but this woman did not apply for a NJ permit, and thus has no standing in any such challenge.
Bottom line: She simply violated a NJ law that's stood up to scrutiny for many many decades.
Sad but true. It's pretty open and shut really.
Willie
1: States don't have rights. States only have powers granted to them by the people of the state, and that is subject to the supremacy of the US Constitution.
2: Providing a mechanism to acquire a permit does not circumvent the Second Amendment. Requiring a permit does violate the Right to Keep and Bear Arms. It is an infringement.
3: The Right to Keep and Bear Arms is protected across the country by the Second Amendment and no state should require a permit for its citizens or the citizens of any other state. The law of the ENTIRE land(the Constitution) is supreme and her RKBA is being infringed by New Jersey and by any other state that requires her to have a permit to own or carry an arm.
The State of New Jersey is criminal in the immediate matter. It is criminal for requiring a permit or permits and it is criminal for prosecuting her under the color of the bogus law.
Her Right to Keep and Bear Arms is under infringement by New Jersey. You may not agree or you may not like it, but that is worthy of a challenge.
Woody