BRaptor

So, I got curious and did a brief search. My prior post (regarding a retailer not being able to sell to a person with mismatched FID/DL addresses) was based on a prior statement I read on this forum. But, after my own search, I couldn't find anything in the NJ Administrative Code (NJAC) saying that a dealer couldn't sell a firearm or ammunition to someone whose DL doesn't match their FID. In fact, the only thing the NJAC says is that a person must apply for a duplicate FID in the instance of change of address within 30 days of the change of their address. NJAC 13:54-1.11(a). It doesn't even say the FID becomes invalid after 30 days. In fact, the NJAC says just the opposite. The NJAC mirrors the statute in NJAC 13:54-1.7 (i.e. the FID is valid until the holder is subject to one of the disabilities listed, which DOES NOT include a mismatch of FID / DL). NOTHING that I found in the NJAC prevents a dealer/retailer from selling a handgun to a person with mismatched FID / DL addresses. See NJAC 13:54-3.9 (a) 5. In fact, the NJAC only requires that the retailer obtain the purchaser's signature and address in their [the purchaser's] own handwriting. See NJAC 13:54-3.13. Am I missing something here, or are horrid misrepresentations of the law becoming the norm on this forum?

No....as a civilian, you should NEVER prevent a perp from fleeing. The only time you should put effort into stopping a perp from fleeing is when you are SURE that they're going to immediately put someone important to you in danger of great bodily harm or death (then you must make your decisions and be at peace with the possible repercussions). If you shoot a fleeing felon or try to trap a fleeing felon, the blood may likely be on your hands. I don't know the laws of "citizens arrest," and I won't even begin to pretend that it's a good idea.

This blog is not only supposedly 100% not made up, it's also INCREDIBLY hilarious: http://sleeptalkinman.blogspot.com/ You are not alone, but your ability to get a high security clearance (above secret) may be negatively impacted.

Perhaps keep your training to yourself? I know, when you're describing what happened to the police, they'll probably ask "where'd you learn that move?" So, the "keep it to yourself" advice might not work. Of the FEW civil (not criminal) cases that I have read, highly trained people have sometimes been held to a higher standard of stopping immediately when the threat is neutralized. Thus, if you are well-trained, you better stop the instant you feel the threat has ceased...you don't get "one last shot for good measure." If you don't stop, you might have to pay (literally) for your battery, because the perp becomes the victim after the tables are completely turned. Sucks, yes, but if you've taken the time to train yourself physically, you should also take the time to train and prepare yourself mentally (I've had to do it, you'll have to be ready, too). It feels horribly anti-climactic after the confrontation, especially if you know you could have taken the guy. But we both got to go home that night with no scratches or bruises and he got away with pushing me in the back and mouthing off. On the other hand, I know first hand, of a man in NYC (yes, that NYC) that reloaded TWICE shooting the perp on the ground, and he was found not guilty of depraved heart murder and reckless manslaughter. He walked free, because his lawyer argued that he had repeatedly trained, over and over, to keep shooting until no more ammunition was left. And, that's what he did. Your results may vary.

Please stop saying it's not "valid." That's exactly opposite to what the law says: It is absolutely still valid, and, pursuant to the statute, the PD has absolutely no authority to take it from you. They are breaking the law, because they're not following the requirements for revoking an FID. This whole "validity" thing comes from the the NJ Administrative Code, which prohibits vendors from selling firearms to individuals whose information on their FID doesn't match their DL (or some such language like that). I don't think it prevents a vendor from selling you ammunition, and if it does, I don't think it can prevent you from purchasing ammunition from an online retailer and having it shipped to you.

Thanks Raz...I didn't want to get into a pissing contest and hijack this thread on the side issue, but there are federal laws and limitations governing "common carriers" (airlines, bus companies etc.). Due to the entanglement that common carriers have with government, their "private" actions are frequently held to be actions of the government due to government's heavy involvement. Such is also the problem with "simply" replacing the TSA with private security. It's not that easy to circumvent the Constitution.

No...no I did not give my consent for anything. I do not have to give up my constitutional rights in order to ride on a common carrier (public air transportation) between the states. Traveling freely between the states is one of the FEW privileges and immunities protected under the U.S. Constitutional 14th Amendment. I will not let it go!

I see this as more closely resembling the SCOTUS decision involving police using ultra-violet detection equipment to "see" inside someone's home. Here, the police are using millimeter wave scanning to "see" beneath your clothing. Both locations (the home and your person) are sacred 4th Amendment territory. I see the use of this technology quickly being categorized as an illegal search. If, for some irrational reason, it doesn't violate the U.S. Constitutional 4th Amendment. It's GOT to violate the NY Constitution, which doesn't even permit police to "manipulate" items in someone's pocket in order to determine what it is. Thanks NYPD and Federal Authorities for bringing us closer to Orwell's 1984!

The same statute that you're referring to for treble (triple) damages, also permits an attorney to recover his fees from the retailer. So, even if you only recover three times the price of 5 boxes of Gold Dot, the attorney representing you is statutorily entitled to recover his/her full "reasonable" fees from the retailer. The statute was drafted this way to encourage victims and attorneys to hold businesses accountable when they scam people one small amount at a time.

That's a cool site with some great info! Do you know if the software counts the items that are priced ridiculously high and get zero bids, or does it only count items that have at least one bid? I'm curious, because I see a lot of guns listed on auction sites that are waaaayyyy over priced and never see one bid, which might skew the reported price above the actual market price if they are taken into account.

I'll bet that ffl123.com probably takes what is freely available from the ATF website, repackages it, and charges you $39 for it. http://www.atf.gov/firearms/how-to/become-an-ffl.html

This x100000! I would bet that the reason the prosecutor won't drop or downgrade the charges is civil liability. If you are guilty of reckless driving, then their failure to maintain the road wasn't the cause of the accident. Sounds like you need a traffic defense attorney and a personal injury attorney. The first will cost you money, the second will only cost money if you win money (typical fee is 30% of winnings). I don't have a traffic defense attorney that I can recommend. I know a personal injury attorney, really good guy and really enjoys his work (that's important). I'll see if I can dig up his card/info and I'll PM you.

Perhaps you could reply and inform this moron of a publisher that the U.S. Constitution was designed, written and adopted to PROTECT THE FEW AGAINST THE MASSES! That's why the Establishment Clause prevents the masses (government) from establishing the "popular religion" while oppressing the FEW who choose to worship an "unpopular" god. That's why the Freedom of the Press prevents the masses (government) from silencing a "press" voicing a minority and unpopular view that questions the status quo. That's why the right to Peaceably Assemble and Petition the Government for a Redress of Grievences is protected, which prevents the masses (government) from oppressing the few individuals that wish to publicly display their displeasure with the status quo. Or should we throw out the entire 1st Amend. and silence all those FEW that want to ban guns?

It depends. Nope. The goods are fungible. In your example, Cabela's owes you the agreed upon brand, size, quantity, etc. of ammunition at the agreed upon price. There is no special quarantining of "your" ammo until it is boxed by a warehouse worker and shipped to you. Even after being boxed, Cabela's could unpack "your" ammo, switch it for boxes of identical ammo and send it to you. You'd never know, and you'd have no recourse, even if you did. This situation falls under the "the offeree is entitled to the benefit of his bargain." In the end: Transfer of title coincides with assumption of risk of loss (due to theft, fire, damage, etc.). It doesn't always happen at payment, or at the moment of shipping, or upon delivery to the buyer. It depends on the UCC (contract laws of the state) and what the parties agree to.

Well, that depends on what is stated in the contract, no? It doesn't really matter. I would think it's still going to be difficult to get around the "plain meaning" of the word "receive," or the saving clause, "or otherwise acquire." I think he's referring to the moment when one acquires title to goods. According to the Uniform Commercial Code (UCC), some agreements and situations result in the buyer acquiring title at the seller's location (presumably out of state). Other agreements and situations result in the buyer acquiring title at the buyer's location (presumably in NJ). The argument being, if you "acquire title" outside of NJ, then you are not breaking NJ law, because you did not "receive, purchase, or otherwise acquire handgun ammunition" in NJ. I wouldn't want to be the test case.

Congratulations to your sons and to you!

Maks, funny you should ask that question. Financial Industry Compliance.

Hey Everyone, I just wanted to share the great news. Back in July, I took the NY and NJ bar exams. In November, I finally received notice that I passed BOTH! It's not a sure thing, NJ and NY each have about a 35% failure rate. Today, in the mail, I just received my Certificate of Good Standing from the New Jersey Board of Bar Examiners. So, as of November 27, 2011, I am officially licensed to practice law in NJ! I'm stoked....now if I could just find a JOB!

Hate to sound like a jerk, but sounds like you need to set your priorities. Complaining about doing hw on "football Sunday" isn't going to get much sympathy. 7 essay questions can be a lot, I don't envy the choices you have to make, but congrtatulations for chosing to further your education!

You're not kidding about running rich and needing a tune. But, I love those 5.0's! Keep the updates coming!

So, to get back on track. It is state-dependent on what information you have to provide a police officer upon questioning. It also depends on whether you are just being questioned, "arrested" or "charged with a crime." Under our constantly-eroding US Constitutional rights, you have NO 4A right of privacy to your: Name Date of Birth Identity Numbers that you call from your telephone Bank statements/items indicated purchased on your bank statements That's the short list...it gets worse and longer. NJ is quite protective of its citizens and their NJ State Constitutional rights against search and siezure (NJ rights are significantly stronger under its version of the 4A). Sadly, I'm not terribly familiar with them, yet.

I'm so torn with this thread. I was born and raised in Jupiter. So, I'd hate to see my home town used like this, but... This thread looks a bit like a time waster/troll. We asked for VERY specific information, but OP has came back with nary a detail. Of course, I can't blame OP for not pressing Mike's family for details on behalf of mildly curious strangers from the internet. Also, a brief search reveals that Mike Zimmer is associated with Garden Depot (which has a place out in Jupiter Farms) and World Class Tree & Landscaping (never heard of them, but they exist in Jupiter). All the details seem to line up too well for it to be just a troll. I think I just feel frustrated with how slowly details are coming out. I think that's my problem. I'd love to help this guy out, it's something I completely believe in, but we need more info.

Anyone wanna play a game of legal definition hair splitting? Theoretcially, couldn't one purchase a BB gun F.O.B. the seller's location outside of NJ? F.O.B. indicates a change in title from the seller to the buyer, thus, the buyer lawfully "took title" at the seller's location, outside of NJ. Then, the buyer just needs to arrange for shipping. I wonder.....

Never mind....

The enemy screams the loudest right before his demise.