mercer county 2a case

[revenger 473]

https://www.nj.com/mercer/2022/10/man-can-argue-he-needed-handgun-because-police-did-not-protect-him-nj-court-rules.html

 

saw this on NJ.com       interesting case.   I hope Nappan talks about it next week.     If this is a jury trial I hope we have someone on it so case can be nullified.   also sounds like the Mercer county prosecutor still doesent get it,  The Mercer prosecutor’s office argued against the necessity defense in the appeal, saying the man had not qualified for the defense, specifically that he had not been met with an “imminent and compelling” emergency.    This is a straight forward 2A case,  I dont care if the guy was a gangbanger or what ever ,  If he was not a violent felon he has rights

[father-of-three 243]

One would assume (yeah...I know I'm being optimistic! ) this situation would meet the criteria for justifiable need, even in 2015.

 

It sucks that he had to go to jail for at least 4 years, but an overturned  conviction should open 2A doors, assuming there were no other prohibiting legal factors.

[JackDaWack 2,895]

I think a sticking point is going to be part of the Bruen decision. 

Even if he qualified under the law, and Bruen... the question remains.. did he purchase the firearm legally? Did he apply for a permit to carry? 

It sounds like the gun was illegal(on probation possibly a prohibited person) and he made no attempt to get a permit..