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New Pending Carry Legislation

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1 hour ago, Jfoster99 said:

There is a good Chance the DA’s will hesitate to prosecute CCW holders for carrying on Public Transit and most other places.    Even a public defender would be able to win the case  sighting Bruen and set president  so it can no longer be enforced.

They will write the Law as a felony to scar everyone into compliance, Then plea bargain anyone they catch down to a fine and disorderly person  offense  to pull your Permitt but not risk setting president.

Any Thoughts?? Yes, No, Maybe?..

During the orals they mentioned the NYC subway. Not sure if it's in the decision or not. Sensitive place restrictions were mentioned as being allowed but not so much as to be onerous. 

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On 7/14/2022 at 9:29 AM, GlennS87 said:

The private places law will be overuled in court because it is a 1st and 2nd amendment violation. It violates the 1st because it would be compelled speech which is also not allowed. As far as the orgs fighting these things pick your acronym and send money.

FPC, GOA, ANJPRC, CNJFO, NJ2AS

I disagree

My store my rules.  for example No shirt - No service 

Also, we still have private property in United States and property owners have rights

On the other hand,  State prohibiting on State property will violate 2A unless a sensitive place

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5 hours ago, samiam said:

 

I think that GlennS87 was referring to Murphy's proposal that carry would be barred from all private and commercial property in NJ unless the property owner specifically posted a sign stating that it is permitted. IMO he is correct - there is both a 1st and 2nd A problem with that proposal. 

Thanks. I missed that

Yes indeed. Making private property/ business owners say something raises all sorts of 1st and 2nd Amendment issues

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6 hours ago, Lucky Lefty said:

I don't think signage should be necessary, but if so, it should just be something simple like "This establishment is 2A friendly."

I’d go with “This establishment allows all Constitutional activities”.  Or similar. Makes it harder for the counterprotesters who will show up to figure out what to protest. 

  • Agree 1

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On 7/31/2022 at 12:24 PM, Bushmaster1313 said:

I disagree

My store my rules.  for example No shirt - No service 

Also, we still have private property in United States and property owners have rights

On the other hand,  State prohibiting on State property will violate 2A unless a sensitive place

The default should be carry not disallowed unless the owner specifically disallows. And if the owner disallows you shouldn't be hit with an automatic felony gun charge. You as a business owner have the right to ask an armed patron to leave and then charging them with armed trespass if they refuse. That is how it should work. 

But making every place by default a gun free zone unless the owner says it's not is silly and unconstitutional.

  • Agree 4

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On 7/7/2022 at 9:43 AM, SJG said:

Legislation is being prepared in N.J. that will prohibit carry on private property without consent  and on mass transit under the guise of sensitive places. Of course, this will all be challenged in court and may take years to sort out. So think about it, you exit your home or vehicle armed, you are now on foot,  since you can't carry except on the sidewalk or on a street, where are you going? Absurd. 

I think ultimately both NY and NJ are going to face a new round of litigation for a number of reasons. One, the overly broad definition of "restricted places" is just that and unenforceable period. The second front? Both of these states are pricing poor people out of self defense altogether. NY had something like a $400 fee for the carry permit out of the gate. That's ignoring fingerprinting costs, storage requirements (good safes aren't cheap) and the time it takes to chase down all the paperwork. If you're on a low/fixed income and just happen to live in a high crime area, what do you do then? 

NJ isn't far behind, as most states have a five year expiration on permits whereas NJ says two. Not to mention you have to resubmit all the same information every time you renew--including fingerprints, which last I checked don't "expire."

You'd think after Heller, McDonald, and now Bruen they'd give it a rest, but they refuse. I think the only recourse here will be prosecution for infringing upon the rights of citizens as defined by the Constitution.

 

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