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NJ gun groups file federal lawsuit 3/23/21

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By NJ2AS News News March 23, 2021

Yesterday, the New Jersey Second Amendment Society (NJ2AS), the Second Amendment Foundation (SAF),  the Firearms Policy Coalition (FPC), Association of New Jersey Rifle and Pistol Clubs (ANJRPC), and Coalition of New Jersey Firearm Owners (CNJFO), filed a federal lawsuit challenging New Jersey’s discriminatory, confusing, and delay-ridden gun permitting scheme. The case, Kendrick v. Grewal, can be viewed by clicking here.

The lawsuit challenges New Jersey’s draconian and discriminatory permitting scheme that has abused residents’ rights for decades. We all know the horrible tragedy of Carol Bowne, the South Jersey woman, who was scared for her life against her violent ex-boyfriend that abused her. She told the police every day he was going to kill her and applied for a gun permit.

The police took their time and ultimately Carol’s violent ex-boyfriend upheld his promise and stabbed her to death at her home 43 days after she applied and waited in fear every day. Carol knew the greatest equalizer was a gun, and ultimately she died because she had to beg the government for a permission slip to protect herself. If she lived 20 minutes across the border in Pennsylvania, she could have gone to a gun store, had a modern and thorough FBI background check done in minutes, and purchase a firearm to protect herself. New Jersey’s laws killed Carol and protected her violent attacker, and we are confident the Courts will agree and strike down the provisions that require citizens to obtain an ID card or permit to acquire a firearm.

“For decades, New Jersey residents have suffered in the hands of the New Jersey government, and have had their Second Amendment rights trampled on. NJ2AS, along with the nation’s leading Second Amendment organizations mentioned before, plan to change that!” said NJ2AS President Alex “Alejandro” Roubian.

Also joining the lawsuit is Bob’s Little Sport Shop and three private citizens.

The lawsuit was filed in U.S. District Court for the District of New Jersey and the named defendants in the complaint are New Jersey Attorney General Gurbir S. Grewal, State Police Supt. Patrick J. Callahan, Bridgeton Police Chief Michael Giamari, Harrison Township Police Chief Ronald A. Cundey and Glassboro Police Chief John Polillo, in their official capacities.

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18 minutes ago, revenger said:

yawn.........

 

I think I'm having Deja vu.

Indeed.

Unfortunately I think the courts across the nation are moving TOWARDS the NJ permitting process, not away from it.

I think it's god that the advocacy groups are keeping the legal fights going, but I'm not optimistic about this one...

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1 hour ago, revenger said:

yawn.........

 

I think I'm having Deja vu.

I disagree! I see one critical difference here... on this lawsuit, the main 2A orgs in the state are finally working together, without any notable exceptions! This is a great development. It's one that I figured might be coming, when some months ago Alex Roubian was featured on Anthony Colandro's radio show, but nonetheless, I'm glad to see it's come to fruition. I'm hoping this partnership holds together and becomes a permanent 2A strategy within the state. 

So, sure, I'm happy to see the lawsuit itself.. but I'm even happier at the collaborative union the announcement reveals. It's smart... very smart!

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18 hours ago, Mrs. Peel said:

I disagree! I see one critical difference here... on this lawsuit, the main 2A orgs in the state are finally working together, without any notable exceptions! This is a great development. It's one that I figured might be coming, when some months ago Alex Roubian was featured on Anthony Colandro's radio show, but nonetheless, I'm glad to see it's come to fruition. I'm hoping this partnership holds together and becomes a permanent 2A strategy within the state. 

So, sure, I'm happy to see the lawsuit itself.. but I'm even happier at the collaborative union the announcement reveals. It's smart... very smart!

I am the OP and usually don't comment on my own posts, but in this case, Mrs. Peel, has caught what i saw, when I posted this. JC_68Westy has said in the past that a unified pro 2a was the only way we will ever get traction, as The Virginia groups have done (the VCDL)

I get the blah blah blah attitudes and the current political climates but it's better to try and fail than to never try. Now, if only some SCOTUS gun cases will be heard....This is where the problem lies.

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Let's not forget on this one that a WOMAN was murdered due to NJ pokey gun laws. This is the year of the woman right? Last year when the court blew off the 8 gun cases but they were not all from NJ! There are 4 on their way to SCOTUS and by the end of the year there might be 4 more. The weight of those cases from one state will have to create some judicial thought. Will they be able to continue to fail to affirm every case?

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1 hour ago, drjjpdc said:

Well here is the the 1st salvo by Garland to screw with NJ citizen's gun rights.

https://www.supremecourt.gov/DocketPDF/20/20-812/172156/20210317141108409_Folajtar Opp 3.16.pdf

Is that the correct link? 

That is in response to "Whether the court of appeals correctly rejected petitioner’s as-applied challenge to 18 U.S.C. 922(g)(1), the federal statute that bars convicted felons from possessing firearms." 

The matter at hand in the link the OP posted has to do with doing away with the "administering and enforcing New Jersey laws that unconstitutionally restrict the acquisition of firearms" (obtaining FIDs and Pistol Permits).

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We have been down this road many times already, most notably over the summer with cases rogers v grewal and mark cheeseman v polillo. I am a glad to see NJ2AS working closely with other pro gun NJ groups, it's a good development considering the situation we all are in. I pray the "supremes" take this case and rule in our favor, i for one am tired of being at the mercy of muggers. I have to admit, i do long for the day when those responsible for propagating the permitting scheme here in NJ are brought to their knees by SCOTUS. I hope the verbal thrashing they get in court will be long, hard and relentless. 

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On 3/24/2021 at 10:41 AM, Mrs. Peel said:

I disagree! I see one critical difference here... on this lawsuit, the main 2A orgs in the state are finally working together, without any notable exceptions! This is a great development. It's one that I figured might be coming, when some months ago Alex Roubian was featured on Anthony Colandro's radio show, but nonetheless, I'm glad to see it's come to fruition. I'm hoping this partnership holds together and becomes a permanent 2A strategy within the state. 

So, sure, I'm happy to see the lawsuit itself.. but I'm even happier at the collaborative union the announcement reveals. It's smart... very smart!

@Mrs. Peel Excellent analysis!  

The DC Project-NJ is running a HUGE event with Dick Heller next month on May 15th in Moorestown, NJ.  Theresa Inacker, our CNJFO Communications Director & DC Project's NJ Delegate, is running the Cocktail party fundraiser.  Here's the story I wrote.  I'm going to cross post it soon.  CNJFO is loaning DCP our software set-up to collect funds and garner registrations.  We've also donated $1,500 to DCP so they can hire the caterer!  Mutual Aid is what it's all about.  Egos get checked at the door...

DC PROJECT-NJ WELCOMES DICK HELLER! PUBLIC INVITED!
MEET SUPREME COURT SURVIVOR AT DCP FUNDRAISER!
by Dave "Rosey" Rosenthal, Black Wire Media Editor in-Chief
 
YOU can help make it happen! Please join the Coalition of New Jersey Firearm Owners in the battle to educate NOT legislate by supporting The DC Project's mission in whatever way you can. Tickets for this exclusive Cocktail Party with Dick Heller are on sale NOW! Please join CNJFO in welcoming some of the most talented #2AHeavyLifters to ever come to NJ! Space is limited, so get yours TODAY: https://www.cnjfo.com/event-4209093 .
 
Evening includes remarks by Top Shot Gabby Franco and our esteemed DC Project Delegates from around the country. A mystery door prize, silent auction/raffles, and history-making memories to last a lifetime awaits!
 
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BLACKSTONE INVESTIGATIONS GROUP
ELITE TACTICAL ACADEMY
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JOHN PETROLINO (Decoding Firearms Author)
ROC TRAINING
SEPULVEDA INC.
SECOND AMENDMENT INSTITUTE
SIG SAUER
SPRINGFIELD ARMORY
 
Women are the most powerful force on Capitol Hill. Time and time again, organized groups of women anti-gunners with their red uniform shirts demand our legislator's attention, screeching their message of ignorance, divisiveness and a tyranny-inspiring laundry list of GUN CONTROL Bills. These past weeks the nation endured their onslaught and more gun control is planned.
 
NOW IT'S OUR TURN! It's time to build our war chest to fight TYRANNY! It's time for our "TEAL FOR 2A" Patriots from The DC Project to represent all gun owners and turn the hearing rooms TEAL! And you can be a part of HISTORY!
Can't make the fundraiser but still want to make a tax-deductible donation to support these Second Amendment warriors? Please visit: www.cnjfo.com/page-18139 .
 
Sponsorship opportunities are plentiful! Businesses and individuals with products and services a new(er) female gun owner can make use of are urged to contact New Jersey's DC Project Delegate Theresa Inacker at: Theresa@cnjfo.com for info.
For more info, to make a "Teal For 2A" apparel purchase or to join The DC Project, please visit: www.dcproject.info .
 
May be an image of 6 people, people standing and text
 
May be an image of 2 people and text that says 'DC PROJECT-NJ FUNDRAISER Saturday, May 15th, 2021 at 6:30 p.m. BALTER DC PROJECT WOMEN FOR GUN RIGHTS Meet SCOTUS Survivor Dick Heller, Top Shot TV's Gabby Franco, DC Project-NJ Delegate Theresa Inacker and her special DC Project guests from across USA Tickets are limited. $75 per person, includes beer, wine and hors d'oeuvres Evening includes mystery door prize, silent auction/raffles NSTITUTE ELITE R.O.C. Counteract SINCE DECODING FIREARMS nera BLACKSTONE Investigations Group, LLC B.I.G. SIG SAUER sepulveda Friendswood, 871 McElwee Road, Moorestown, NJ For tickets: www.cnjfo.com/event-4209093 Donations: www.cnjfo.com/page-18139 DCPROJECT WOMENF'
 
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anyone hear of a new lawsuit against the NJSP firearms unit for NICS delays?

 

Friend called and said he got an alert from some NJ gun group,  Not sure which one about suing the NJSP firearms unit.   I haven't received anything from any groups I belong to so I'm wondering if this is a hoax. 

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39 minutes ago, revenger said:

anyone hear of a new lawsuit against the NJSP firearms unit for NICS delays?

 

Friend called and said he got an alert from some NJ gun group,  Not sure which one about suing the NJSP firearms unit.   I haven't received anything from any groups I belong to so I'm wondering if this is a hoax. 

A lot is in play right now.  Perhaps going back to your friend so HE can look it up or guess which group he received the email from would solve the problem?  One case has 5 groups working together to get rid of the scheme known as the famous Yellow Card.  Other cases are filed, and NYSR&PA just got granted CERT.  It's a full time job being a #2AHeavyLifter these days.

~R

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Now we got a real case before SCOTUS. Not like 2 years ago when they rejected even designating hearing those 8 cases. Now the NY Rifle case has been granted certiorari! That means that have to hear it and make a real decision one way or the other. If a majority passes it Cuomo will be really upset. Even if the head justice votes against it we should still have a majority. Now it is a bit of reading from both sides 160 pages! You can search online for some abbreviated stories. Plus that will help the NJ may/shall issue case before the court.

www.supremecourt.gov/DocketPDF/20/20-843/183836/20210713165345228_NYSRPA%20v.%20Corlett%20Joint%20Appendix%20Corlett__final.pdf

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I would have thought that the NJ gun organizations  ( yea I know ,  conspicuous by their absence ) would have started a program like the Florida/Utah permit classes so that we can have our packets ready to submit that day should this case go in Americas favor.

The NJ gun groups need to consolidate and be ready for this,  don't wait or this will be a cluster funk .   They need to start planning a legal response now should this go in favor of the constitution and the state refuse to follow as we know they will.  

Be prepared.  

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Well I read most of the docket for the NYSRPA and this is another case like last time when NYC got the state to change the law while leaving the NYC law intact. Well it appears that a judge was creating artificial "restricted licenses" by writing 'Hunting & Target' on the permit. I don't think that members of SCOTUS will let that maneuver pull the wool over their eyes, especially considering what NYC did last time.

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This was in the NRA-ILA, nice hearing about some house members sticking up for it.

www.nraila.org/articles/20210720/nra-ila-applauds-rep-claudia-tenney-and-us-house-of-representatives-amicus-brief-supporting-second-amendment-case-before-supreme-court

Darn I just checked and there are 220 Republicans in the House. You'd think Claudia would have got more than 175 signers only!
 

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This case is heating up fast. Here's the latest brief from the Independent Women's Law Center. There must be 40 briefs to support it. The latest is from a group not usually associated with firearms. Even a governor sent a brief. :)

www.supremecourt.gov/DocketPDF/20/20-843/184501/20210721131443123_IWLC%20Amicus%20Brief.pdf

There was another brief from a Black Rights Group, but inside of it was this brief account by Mary Thomas (mother of Isaiah Thomas).

This scheme would almost certainly deny a concealed carry license to someone like Mary Thomas,
mother of basketball legend Isaiah Thomas, who raised her family in the housing projects of Chicago’s
west side. See Nicholas Johnson, Negroes and the Gun, at 333-334 (Prometheus Books 2014). Mary
battled “the gang culture that has captured and destroyed so many black boys.” Id. at 333. “he
refused to cede the problem or the solution to some local bureaucrat or some far-off federal program.” Id.
Instead, Mary chose to protect her family from the street violence that plagued her community by using
the threat of violence. When the thugs came after her boys, they were answered by the dangerous end of
Mary’s shotgun and her warning, There’s only one gang here and that’s the Thomas gang.”

 

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NJ also signed a brief for the NY case. Here is one horror story about a NJ physician trying to get a CCW and was denied.
 
Dr. Joseph A. Racanelli is a physician and maintains offices in New Jersey and New York. He
is on-call for emergency trauma and responds to hospitals at various hours. On or about May 8, 2013,
in Newark, New Jersey, he was walking alone on a Newark street when gunmen chased him until he
threw his vehicle keys and bag to them. His vehicle was taken and, although recovered the next day,
personal items he had in his bag and/or his vehicle were not recovered. The items included his
identification cards, driver's license, equipment, medications, a substantial amount of cash, and his
laptop, which contained personal information. In the Matter of the Application for a Permit to Carry a
Handgun Filed by Joseph A. Racanelli, 2015 WL 3843562, *1 (N.J. Super. Ct. App. Div. 2015).

In support of his application for a permit to carry a handgun, Dr. Racanelli explained that, given the
gangs in Newark and the loss of his items with his home address as a result of the 2013 robbery, he
feared for his and his family's safety at home. He noted that there had been suspicious incidents
related to his Newark office and these included people entering his office who did not fit the
description of patients he would expect and telephone callers asking when he would be in the
office. Id. at *2. Dr. Racanelli’s permit application was denied. Both the Chief of Police and the
Superior Court Judge that heard his appeal found that Dr. Racanelli had not shown that he had
“justifiable need” to obtain a permit to carry a handgun.
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