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Thread: Nappen Law Firm files Second Amendment Brief with NJ Supreme Court

  1. #1
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    Nappen Law Firm files Second Amendment Brief with NJ Supreme Court

    http://www.evannappen.com/nappen-law...eme-court.html

    The New Jersey Supreme Court, for the first time in 45 years, will be considering Second Amendment rights. The Nappen Law Firm has filed its brief with the Supreme Court. A website version may be read here.

    The brief strikes at the heart of New Jersey's gun control scheme. NJS 2C:39-5b Unlawful Possession of Weapons-Handguns reads as follows:

    "Any person who knowingly has in his possession any handgun, including any antique handgun, without first having obtained a permit to carry the same as provided in N.J.S.2C:58-4, is guilty of a crime of the second degree." (Emphasis added)
    Very interesting reading.

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    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 under the Second Amendment to the United States
    Constitution? ... from the pleadings linked above



    This was the only question posed .... since it was not a criminal case I understand the narrow nature of the decision being sought.

    Likely would not have taken the case if it asked to abolish the need for a permit - constitutional carry
    Last edited by davidmcbeth; 01-24-2014 at 05:58 PM.

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    The narrower the nature of the filing, the less wiggle room available for the judges deciding same.

    Can't wait to hear the state's response, if published.
    Last edited by Statkowski; 01-24-2014 at 05:50 PM.

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    Quote Originally Posted by Statkowski View Post
    The narrower the nature of the filing, the less wiggle room available for the judges deciding same.

    Can't wait to hear the state's response, if published.
    I thought a federal judge OK'd the need for a reason to carry just recently .. maybe NY? Gosh, I can't recall the venue.

    That decision will likely show up in the filings of NJ ... armpit of NYC

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    Only in New Jersey: It's legal for you to purchase a firearm (after jumping through hoops), but it's technically illegal for you to keep it.

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    Quote Originally Posted by Statkowski View Post
    Only in New Jersey: It's legal for you to purchase a firearm (after jumping through hoops), but it's technically illegal for you to keep it.
    Can people move into the state if they own ARs, AKs, and handguns?

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    The tyrants that run NJ don't believe its citizens should be able to protect themselves and their families and property until they get permission, to do, so. That my fellow OCDO members is the true definition of a "tyrant"..

    I am not sure where NJ stands in regards to being the worst anti 2A state. But my guess is that they are in the top (5) worst .

    Ill take a stab at the top 5..

    1- Conn
    2- NY
    3-Maryland
    4- NEW JERSEY
    5- CA.

    My .02

    Regards.

    CCJ
    Last edited by countryclubjoe; 01-25-2014 at 08:53 PM.
    " I detest hypocrites and their Hypocrisy" I support Liberty for each, for all, and forever".
    Ask yourself, Do you own Yourself?

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    No response from New Jersey yet?

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    Quote Originally Posted by Statkowski View Post
    No response from New Jersey yet?
    In this case (in NJ state court), no AFAIK. However, if you want to get your blood boiling here's the NJ response in the Drake case awaiting cert at SCOTUS. Lies are aplenty here. In fact they contradicted earlier briefs by saying now that CA's may-issue scheme isn't basically the same as NJ, earlier (when Peruta lost in CA) they said it was a comparable law.
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