NJ man seeks pardon after legally owned gun makes him convicted felon

[MICHAEL T]

In KY a loaded gun in glove box was almost standard equipment . It was legal . In fact the anti's tried to use that as reason we didn't need concealed carry. . Just run to car and grab your gun if needed.
Yea Right.

 

[BSA1]

gun with a view,

You need to make your mind on what argument you want to use.

In Post 4 you say "an automobile being the same as a house, a constitutionally protected area."

The 4th Amendment makes no mention about the search of whatever conveyance of travel a person uses. It states "to be secure in their persons , houses, papers and effects." The omission of including search of mode of travel has resulted in the Supreme Court defining the limit on searches of vehicles. The defendant did not challenge the search.

In Post 16 you say "a person has the same expectation privacy in an automobile under their control as they do their home." That is simply not true. For example Courts have held that I have the right to walk around naked in my home. Try driving your automobile naked down the street and see how long it takes before you are arrested.

Then you say that the case is about possession of a gun without a permit. Again that is not true as the defendant never challenged the law for carry permit and admitted his guilt to the Court.

It has been pointed out that the Court did not directly address carry permits and licensing in Heller and you have not provided any cases to support your opinion.

 

[gun_with_a_view]

Perhaps my argument has been a little off track. Forget about searches. The basic thrust of Heller was that a handgun kept in a home in Washington, D.C. for personal protection is legal, and any ban against that premise is unconstitutional. However, Heller nor McDonald addressed the issue of carry outside the home, such as carry inside an automobile like the New Jersey defendant. I don't believe SCOTUS has heard such a case yet, but surely there will be one or more headed their way one of these days.

In the meantime, here is a good read on carry outside the home and also concealed carry:

http://www.yalelawjournal.org/note/...r-and-our-nineteenth-century-second-amendment

 

[Midwest]

Some states recognize the automobile as an extension of the house, but not all do.
.

 

[Double Naught Spy]

He was stopped by police for a simple traffic stop for an expired car registration, he opened up his glove compartment to get the paperwork for the car, he saw the gun (forgot he put it in there) and promptly turned it over to the police.

It sounds funny as a comedy routine, but sounds silly and overused as a valid attempt at defense.
https://www.youtube.com/watch?v=l00GGEy_72c

 

[gun_with_a_view]

“The plain reading of the statute,” he added, “indicates defendant had until February 4, 2014 to exercise one of the disposal options authorized.” And yet the “firearms were seized on January 3, 2014,” a month before the deadline. That amnesty program went into effect on August 8, 2013. Steffon Josey-Davis was stopped on September 20.

Read more at: http://www.nationalreview.com/artic...-are-confusing-its-highways-charles-c-w-cooke

How did the trial judge miss the amnesty period? The only logical conclusion is that he was either just plain stupid, or he was vindictive. Or both. My guess both.

 

[Snyper]

Quote:
“The plain reading of the statute,” he added, “indicates defendant had until February 4, 2014 to exercise one of the disposal options authorized.” And yet the “firearms were seized on January 3, 2014,” a month before the deadline.

I bet none of those "disposal options" included riding around with the pistol concealed in a glove compartment.

 

[Red Wind]

Some states recognize the automobile as an extension of the house, but not all do.

You are certainly correct. New Mexico is one of them that does recognize the automobile as an extension of your domicile.

Question:
Do I have to be licensed to have a concealed loaded handgun inside my vehicle?

Answer:
No.
New Mexico law allows a person who is not otherwise prohibited to have a concealed loaded
firearm in his/her vehicle (including motorcycles and bicycles). See
30-7-2 NMSA 1978

If you are not
licensed to carry concealed in this State or in a state that NM recognizes, you may not have the weapon
concealed on your person when you exit your vehicle or motorcycle.

My home state of New Jersey is just the everlasting pits when it comes down to gun laws.

 

[TimSr]

As much as I despise NJ law, I don't think this poor guy has a legal leg to stand one.

Castle Doctrine's that classify your vehicle as your "castle" are state by state. My own stae has one, but doe snot apply to vehicles.

The search and probable cause arguments are invalid, because the guy opened the glove box and voluntarily gave it up.

An amnesty period would only apply to somethng that was formerly legal, and was made illegal, and the public was given time to become aware of the change. I don't know NJ law, but I'm skeptical you could carry in a glove box in NJ in the recent past.

Christie won't issue a pardon.

He has a better chance of going for an expungement. His best bet is to leave NJ.

 

[gun_with_a_view]

An amnesty period would only apply to something that was formerly legal, and was made illegal, and the public was given time to become aware of the change

Where is that coming from?

 

[sota]

He needs to be thrown under the jail. Then the "community" needs to come out and protest in mass all over the state, if not all over the country. Soap boxes need to be stood upon and people need to shout rhetoric like "By no other cause than him being over some arbitrary line (being in the state of NJ) he is a criminal for an act that nearly every place else in the country would not even cause an eyebrow to be raised!" The steaming masses in the street need to have the narrative guided so that it's aimed at "the repressive and racist anti-gun laws that do nothing but strip the poor and the black of their natural rights all over again like it is 1865!" Use their same tactics but steered in the proper direction.

That's what should have happened with the lady from Penn. Her lawyer should have told the prosecutor I dare you I double dare you to put this black single mother of two kids who had a background check and a license in jail for this small mistake. That would have been great press.

NJ is dirty politics. All of it. It won't be won by pure high road intentions and logic. If we want NJ back we have to use the anti's own tactics and tendencies against them. Let the troops rally around an "injustice" like this and steer them like the sheeple they are. We need a Pro-Gun Al Sharpton or Jesse Jackson. Play the racism card but to our advantage.