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NJ Recipe for "Instant Criminal"

dng

State Researcher
Joined
May 25, 2007
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1,290
Location
, , USA
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And NJ moves closer to socialism... Isn't that a great piece of legislation? Punish the law abiding, that makes sense! :banghead:
 

Evil Ernie

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Nov 18, 2007
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Castle Rock, Colorado, USA
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I think they redefined "illegal weapon" to include ALL handguns, even the legally owned ones. And then they added if the legally owned handgun was ANYWHERE in your private vehicle it's considered an "illegal weapon" The way that this act reads is that although you're permitted to own a handgun legally, if you're caught with it you're dogmeat.

[align=left]1. a. As used in this section:[/align]
[align=left]“Prohibited firearm” means any handgun, sawed-off shotgun,[/align]
[align=left]assault firearm or machine gun.[/align]
[align=left]“Public place” means any place to which the public has access,[/align]
[align=left]including but not limited to a public street, sidewalk, bridge, alley,[/align]
[align=left]plaza, park, boardwalk, driveway, parking lot or transportation[/align]
[align=left]facility, educational institution, public library, shopping center or[/align]
[align=left]mall or the doorways and entrance ways to any building which[/align]
[align=left]fronts on any of these places, or a motor vehicle in or on any such[/align]
[align=left]place.[/align]
[align=left]18 b. Unless otherwise permitted by law, a person commits a crime[/align]
[align=left]19 of the second degree if, while in or on a public place, he knowingly[/align]
[align=left]20 carries a prohibited firearm on or about his person, or otherwise[/align]
[align=left]21 possesses the prohibited firearm within his immediate reach or in[/align]
[align=left]22 any portion of a motor vehicle in which he is traveling.[/align]
[align=left]Now the tricky part: What is "otherwise permitted by law"? Carry permit? Police/Military only? Who knows![/align]
 

Bubba Ron

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Jun 20, 2006
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Virginia Beach, , USA
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I'd love tocross paths with a NJ LEO while he or she was visiting in Virginia, the look on their face from seeing a lowly citizen with a GUN on their side would belike an E-ticket at Disney World :exclaim:
 

Decoligny

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Nov 29, 2007
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Rosamond, California, USA
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U.S. CODE Title 18, Part I, Chapter 44, §926A. Interstate transportation of firearms
Notwithstanding any other provision of any law or any rule or regulation of a State or any political subdivision thereof, any person who is not otherwise prohibited by this chapter from transporting, shipping, or receiving a firearm shall be entitled to transport a firearm for any lawful purpose from any place where he may lawfully possess and carry such firearm to any other place where he may lawfully possess and carry such firearm if, during such transportation the firearm is unloaded, and neither the firearm nor any ammunition being transported is readily accessible or is directly accessible from the passenger compartment of such transporting vehicle: Provided, That in the case of a vehicle without a compartment separate from the driver’s compartment the firearm or ammunition shall be contained in a locked container other than the glove compartment or console.


The above referenced US Code trumps any and all State, County, City, Town, or Village Laws. If you are legally allowed to have a firearm at place A, and want to go to place B, and want to take your gun, then follow the above.
 

unrequited

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Mag-bayonettes!, Virginia, USA
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Evil Ernie wrote:
Are you willing to test that theory? Here's one guy who did...

http://www.anjrpc.org/ANJRPC-vs-PortAuthority.pdf
HOLY CRAP. I just read the first paragraph thinking it'd be boring, and got sucked it. I used to be not 5 miles from the Essex County Jail in Newark, and not much farther from the Airport. I can't believe all the b.s. this guy got put through, and in the end of it all he still hasn't received his firearm or ammunition back.
 

Decoligny

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Evil Ernie wrote:
Are you willing to test that theory? Here's one guy who did...

http://www.anjrpc.org/ANJRPC-vs-PortAuthority.pdf

I see that he filed. I don't see any results of his filing. From what is shown here, he well may have been awarded damages, but without any other documentation all we have here is someone filing against the Port Authority for violating U.S. Code under color of law.

Just because a cop arrests you for something doesn't mean that thing is illegal. And that's what my original post was meant to show. The U.S. Code is SUPPOSED to trump N.J. Code.
 

Evil Ernie

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Castle Rock, Colorado, USA
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And you are correct in saying that it's "supposed" to trump it. And it does! But at what cost? Sure there's avenues of recourse and redress, but this poor fellow got screwed! This is one of the reasons I left NJ, too many bad militaristic LEO's that don't even have the common courtesy to return a "good morning" at the coffee shop. In the 17 yrs that I lived there, not one officer replied in kind to a simple greeting. It was always an immediate move to a combat ready stance. If you locked eyes in passing, they would shake you down. Didn't matter what age, color, or gender.
 

unrequited

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Nov 27, 2006
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Mag-bayonettes!, Virginia, USA
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I was and am friends with many cops in Bergen County where I grew up, and they were friendly to a T. Of course yes you had the high on a horse type guys, but that wasn't the majority. Most were small-town cops making $70k+ after 3 years sitting in a car all day making sure kids on bikes didn't cross the street without looking.

...I then went to college in Newark, where it was a bit different. The cops used to come over to give us noise violations to the fraternity house, but honestly, and there are pictures, we'd use to invite the cops in at the end of the night and they'd play a game or two of Beirut (Beer Pong). The girls were old enough, the cops were young enough, and we all had a fun ass time. I can remember on two separate occasions where the cops had to leave mid-game because of a shooting. Newark's a hell of a place.

The only guys I ever had a problem with were the State Troopers, but ironically enough, most of the cops I still talk to in Jersey are troopers.
 

Decoligny

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Evil Ernie wrote:
And you are correct in saying that it's "supposed" to trump it. And it does! But at what cost? Sure there's avenues of recourse and redress, but this poor fellow got screwed! SNIP

As I mentioned, it doesn't say what the final outcome was, so we don't know he got screwed. If he wins his suit, then NJ screwed itself to the tune of 3.1 MILLION Dollars.

Enough of these kind of settlements and NJ might just get their heads out of ....the dark.
 

Dutch Uncle

Campaign Veteran
Joined
May 11, 2006
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Virginia, USA
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New Jersey is a socialist toilet. The state government is notoriously corrupt and mob-influenced. It should come as no surprise that rogue cops can get away with outrageous behavior with little or no consequence.

The entire government should be investigated for being a RICO violator. :cuss:
 

Thundar

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Sep 12, 2007
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Newport News, Virginia, USA
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IANAL but, If the supreme law of the land is the constitution and the Supreme Court has recognized immediate access to firearms for legitimate self defence, would access to a handgun for self defence be permitted by the supreme law of the land, thus negating most charges based upon the " unless otherwise permitted by law clause?
 

Sonora Rebel

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Aug 6, 2008
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Gone
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New Jersey (et al) has been in violation of the US Constitution since prob'ly the end of the Revolution. It's a blatent denial of a citizens Right to self defense. You vote these people into office over and over again expecting a different result?

New Jersey tourists 'n newcomers here freak out when they see somebody (like me) with a gun on their hip. :what:Welcome to the WILD WEST pard! :)
 
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