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wreckless

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About wreckless

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  1. i don't believe that anyone said it was iron clad or anything near a sure thing. Nothing is in court. It is always an uphill battle but I think this is a novel approach that may get more support from the bench than others.
  2. Most free state's issue CCP's through a regulatory state agency. They do not require the applicant to appear before a Superior Court judge with their petition as in NJ. By using out of state permitee's that have appeared before similar court hearings you take away one major argument from the state.
  3. The difference is that these were court order permits. They are an order from an out of state court no different than an out of state child custody order or restraining order that are obeyed by NJ courts and police on an every day basis and supported by the case law cited. These are not run of the mill state issued CCP's that equate with out of state driver's licenses. That is the a distinct difference.
  4. The good thing now is that the Third is no longer a liberal "rubber stamp" as it has been transformed by Trump appointees.
  5. Declaratory Judgment Sought in NJ’s Carry Permit Scheme, Violates Full Faith & Credit EATONTOWN, NJ – -(AmmoLand.com)- The U.S. Constitution’s Full Faith and Credit Clause (Article IV, Section 1) requires that states respect the “public acts, records, and judicial proceedings of every other state.” Yet, New Jersey refuses to recognize any other state's licenses to carry a handgun. Charles McDowell of Georgia and Thomas Muller of Delaware possess judicial court Orders granting them licenses to carry weapons. Their Orders were issued by judges in judicial proceedings by state courts, just as New Jersey's licenses to carry are also issued by judges. Based on the above, the law firms of Evan F. Nappen Attorney at Law, P.C. and Giaramita Law Offices, P.C. have brought a Civil Rights Action in the United State District Court, New Jersey, on behalf of McDowell and Muller against NJ Attorney General Gurbir Grewal and every NJ County Prosecutor. Plaintiffs seek a declaratory judgment that McDowell’s and Muller’s judicial Orders granting license to carry weapons be honored in New Jersey pursuant to Full Faith and Credit. https://www.ammoland.com/2020/01/declaratory-judgment-sought-in-njs-carry-permit-scheme-violates-full-faith-credit
  6. That is just the case.Gov wants to set precedence on, an ugly bigot as the plaintiff.
  7. The prosecutor may request an emergent court hearing based upon exigent circumstances. It is already an option.
  8. Then it is up to the local prosecutor to file with the court for an order to revoke that individual's FID card. There will be service on the individual and he/she may obtain legal representation to respond in a court of law. It is all above board and up front. If there is a strong enough case and the prosecutor has done their homework then the FID gets revoked and the judge order's the defendant to surrender their weapons. The defendant may appeal and let things play out. This is the correct way and the right response under the law. However, the system is lazy and choose not to take this course of action. They love the Red Flag Law because the defendant gets blindsided with a very low level of proof required. The defendant starts from a negative position immediately. And, if the search finds other evidence of legal transgression they is now much more leverage against the defendant built in. Its wrong, it's lazy, and it is intellectually dishonest to rely upon a bad law to do your job.
  9. It never said his rants were public, it said that he made them on a bigoted member web board. That is a big difference. People say things on what they think is anonymous web boards that they never intend to do. For the justice system to insert their hand in things it should need an overt act and not a mere ugly opinion voiced anonymously. I hope that you could understand the difference and what a slippery slope we are taking to civil rights these days.
  10. "WOW! What the hell happened to this country?" Answer: Liberal Progressivism taught in colleges and public schools to indoctrinate our youth. Importing millions of low skill foreigners legally and illegally into the country to weaken the core natives. They are the two big ones that I see.
  11. And don't forget to leave your magazines before arriving unless they are ten rounders.
  12. N.J. seized this man’s gun because he glorified violence against Jews, cops say By Joe Atmonavage | NJ Advance Media for NJ.com Police had been watching David Greco for months, carefully monitoring his online activity. They noted that he often “threatened, advocated and celebrated the killing of Jewish people." He also was in communication with the man accused of walking into a Pittsburgh synagogue last year and killing 11 people, they alleged. (Greco has denied this.) On Aug. 5, after months of observation, law enforcement officers paid a visit to Greco’s Camden County home. At first, Greco, 51, refused to answer the door. He only spoke with officers after his parents came home and allowed them in the modest home. As police questioned him about comments he made on a far-right social media platform, Greco was “extremely agitated and angry,” authorities said, but he did not talk about acting out on his disdain for Jewish people. However, they also noted that he said he “believes that Jews are raping our woman and children” and that “force or violence is necessary to realign society. On Sept. 6, police once again visited Greco’s home, descending without warning, to seize his gun and ammunition. Unknown to Greco, a Camden County Superior Court Judge Edward McBride had issued a temporary extreme risk protection order earlier that day based on an affidavit regarding Greco’s behavior. The order allowed police to execute a no-knock search warrant of his home and seize one semi-automatic rifle, ammunition and his firearms purchaser ID card. Under a law that went into effect Sept.1, called the Extreme Risk Protection Order Act, a law enforcement officer, family or household member can now petition a state Superior Court judge to take away the guns of a person who they believe “poses an immediate and present danger” to themselves or others. Even if they have not committed a crime. Two months after going into effect, the constitutionality of the law is being challenged in a proposed class action lawsuit that was filed in New Jersey federal court last month. Greco’s case is at the forefront of the suit. It is the latest lawsuit challenging strict gun control measures Gov. Phil Murphy has signed into law over the last year. The lawsuit challenges whether there is legal authority to execute a search warrant after a temporary extreme risk protection order is issued. The law deprives Greco, and other gun owners in New Jersey, of their due process rights, as they are not given a chance to be heard in court before a temporary order is issued and police take firearms, says Albert J. Rescinio, Greco’s attorney. And can a gun owner have their “constitutional rights abrogated” for things said “that the government or anyone else might not like?” the attorney asked. https://www.nj.com/news/2019/11/nj-man-glorified-extreme-violence-against-jews-cops-say-so-they-seized-his-gun.html
  13. Homeowner Behind Bars After Killing Two Intruders, Because He Used Gun Not Registered To Him Posted by Brandon Curtis, May 30, 2019 Updated on May 30, 2019 at 5:49 pm UTICA, NEW YORK — A homeowner is facing charges of criminal possession of a firearm after he shot and killed two intruders after they broke into his home. The charges come because he had a handgun in his possession that belonged to his father, who is deceased. In New York State, one cannot possess –or even touch– a handgun without a pistol permit issued by the state. If you have a New York State pistol permit, any pistols that you possess would need to be on your permit. If they’re not and you use one to defend yourself, you’re going to get charged. It’s NY Governor Cuomo’s SAFE Act that’s partially to blame, allowing another otherwise law-abiding citizen to go down in flames for protecting his life. Here are the details of the incident; A very complex scenario involving two dead suspects, gun rights, and gun laws is unfolding after a Deerfield homeowner allegedly shot two intruders with an illegally-owned handgun Tuesday afternoon. Suspected intruders, Patricia Anne Talerico, age 57, and her nephew, 27-year-old Nicholas Talerico, are dead from gunshot wounds. The Walker Road homeowner, 64-year-old Ronald Stolarczyk, is charged with criminal possession of a firearm, a felony. via wktv.com While Stolarczyk isn’t being charged in the shooting deaths of the intruders, he is being charged for the possession of a firearm. To make matters worse, this citizen is behind bars. Stolarczyk appeared in Utica City Court Wednesday and is being held on $10,000 cash bail or $15,000 bond. He is scheduled in Deerfield Town Court Monday at 6 p.m. and will remain in custody through that appearance. The maximum sentence for what the homeowner is charged with is 1 1/3 to 4 years in state prison. As Dan over at TTAG points out; So Stolarczyk’s father either gave or left the handgun in question to his son. Under New York’s famously restrictive gun control laws, the son wasn’t required to undergo a background check to receive the handgun from his father. But he did need to have a pistol permit to legally own the firearm and have it registered in his name. According to Mark Wolber, the man’s attorney, his client did everything by the book, and is now suffering as a result. Wolber said Stolarczyk had lived in the home with his parents until they died. His father had a permit for the revolver, Wolber said. “He was in the kitchen when he heard people in the garage coming up the stairs to the kitchen,” Wolber said. “When they got to the top of the stairs he told them to stop, but one started coming toward him. He fired three or four shots and struck both.” Stolarczyk called 911 and placed the gun on the driveway when police arrived, Wolber said. via uticaod.com https://concealednation.org/2019/05/homeowner-behind-bars-after-killing-two-intruders-because-he-used-gun-not-registered-to-him
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