rights violated or not??

[Z71 4]

a florida man is arrested for posession of a handgun in nj..I think this should be

a test case in the high courtnj.com

or will nj screw this guy to the wall....

[kenw 293]

Unless he can prove that he's legally able to possess it in NJ, and that he was on his way to or from a range, gun shop, smith, etc., he's in violation. And will likely get screwed. Is possession for an unlawful purpose the same as illegal possession? Is there more to the story?

 

As for safe travel, you can travel interstate with a gun if you're legally allowed to possess it both at the departure and destination points.

[e80hydro 120]

Was reading about this guy on nj.com. Poor bastard. I think he's toilet water on two issues. While he was transporting unloaded and locked legaly, his intended destination was not to legitimatly use his firearm in NJ, and, stopping off for court is not a reasonable deviation.

[Babaganoosh 192]

"During the hearing, a person there told a member of the Sheriff’s Office that Fry might have a gun stored on his motorcycle."

 

Gee I wonder who that was? Had to be the chick who he had the kid with. Prob some bitter angry beeotch.

[Bob B 103]

Tommy J. Fry, 43, of Port St. Lucie, Fla., has been charged with possession of a handgun for an unlawful purposes, an official from the Salem County Sheriff’s Office said Sunday.

This highlights the exact issue that NJ does not view self-defense as a lawful purpose. I hope he fights it. That view has to fall in light of Heller and McDonald. I wouldn't be surprised if the NRA or SAF got behind this one.

[intercooler 41]

the nra doesn't care about NJ, sure they take your dues, but they do NOTHING for anyone here. I doubt they ever will

[Parker 213]

This guy sounds like like he's from planet Not2Bright. He is needlessly pushing an envelope with an address destined for trouble and headache. Who travels out-of-state for a custody hearing, to all places like the socialist state of New Jersey; carrying a firearm as "company" in his motorcycle?? I wonder if he smokes while pumping gas at self-serve gas stations too?

[Tactical Monkey 51]

I wonder if he smokes while pumping gas at self-serve gas stations too?

 

Not in Jersey

[matty 810]

He brought his Judge to see the judge???? And he got a PPO or TRO or non contact order or whatever it is. Hm, maybe there's a bit more going on here, seems like the ex narked him out, or someone he knows. Taking a gun onto the courthouse proprty (locked up or otherwise) in NJ is not too bright, either. It may fly in other places, and no one would care, but given the circumstances (domestic/custody case, which is a huge powderkeg) I bet he didn't ask his lawyer if it was a good idea, if he had one.

 

I know in AZ, last I was there a few months ago, it was posted in most if not all public buildings & courthouse lots that guns were not to be carried on the premises. I dunno about leaving it in a car, though.

[Babaganoosh 192]

The no contact thing is BS. Prob another thing slapped on the guy by the bitter woman's slimy lawyer in order to make the guy look bad to help her case out.

 

I highly doubt he had bad intentions. If he did at the very least the gun would have been loaded and ready to go. He drove 3/4 of the east coast to go to custody hearing. I think that shows he had good intentions. People don't get that in other states it almost like a whole different world when it comes to guns. The guy really didn't do anything wrong. I think he was being responsible. He just happened to have all this occur in a terrible state for gun owners. Think this would have went the same way in Texas?

[PeteF 1,044]

"and obtained a consent to search Fry’s 2000 Honda Valkrie motorcycle which was parked on Market Street about 100 feet north of the courthouse, authorities"

 

I don't feel he did anything wrong (yeah I know there is no legal purpose, but M1C are illegal also)up until the point he said yes to a search. I think he may have been "Pressured" into saying yes by the judge ala "No search, you lose".

[Babaganoosh 192]

Also it says he was parked on the street. Yeah it was 100 feet from the courthouse but so what! They make it out like he was parked right next to the courthouse. He was parked in the damn street.

 

This story pisses me off

[FFDP82 4]

Two words:

 

Jury Nullification

[vjf915 456]

Just because he didnt have malicious intentions does not mean he did nothing illegal. I believe that he did nothing wrong as well. He drove ~1000 miles for a custody hearing, the gun was not loaded, and the gun was in a locked container. The fact that it was in a locked container and not loaded, to me, shows that he did not have malicious intent. But that does not mean he should be let off. Living in a different state means nothing. Ignorance of the law is not an excuse. If he planned to bring his firearm from Florida to NJ for the entirety of his stay, he should have educated himself on NJ firearm laws. You cant expect the officers to say "Oh well the rest of the country views firearms differently than this state, so we should just let him go!" It doesnt work like that. I feel bad for the guy, but he did it to himself.

[FFDP82 4]

Just because he didnt have malicious intentions does not mean he did nothing illegal. I believe that he did nothing wrong as well. He drove ~1000 miles for a custody hearing, the gun was not loaded, and the gun was in a locked container. The fact that it was in a locked container and not loaded, to me, shows that he did not have malicious intent. But that does not mean he should be let off. Living in a different state means nothing. Ignorance of the law is not an excuse. If he planned to bring his firearm from Florida to NJ for the entirety of his stay, he should have educated himself on NJ firearm laws. You cant expect the officers to say "Oh well the rest of the country views firearms differently than this state, so we should just let him go!" It doesnt work like that. I feel bad for the guy, but he did it to himself.

 

But just because something is illegal, does that make it wrong? And just because something is legal, does that make it right?

 

NJ laws are out of line with both the constitution of the United States, the recent decisions of the Supreme Court, and are out of line with the laws of the vast, overwhelming majority of the nation.

 

It may not work like that, but it should, and I look forward to the courts saying it will. I really hope SAF/NRA get behind this guy and help him appeal. Self defense IS a legitimate purpose, and his locked unloaded pistol 100 feet away posed a threat to no one. This man does not deserve to be in prison. That cell should belong to a real shithead who actually did something to hurt people. Oh who am I kidding, our judges don't put real criminals in jail, they waste their time with people like this.

[mikeyboyeee 66]

I hope a real good attorney helps this guy out pro bono and maybe even someone sues NJ for this law being unconstitutional.

[vjf915 456]

But just because something is illegal, does that make it wrong? And just because something is legal, does that make it right?

 

NJ laws are out of line with both the constitution of the United States, the recent decisions of the Supreme Court, and are out of line with the laws of the vast, overwhelming majority of the nation.

 

It may not work like that, but it should, and I look forward to the courts saying it will. I really hope SAF/NRA get behind this guy and help him appeal. Self defense IS a legitimate purpose, and his locked unloaded pistol 100 feet away posed a threat to no one. This man does not deserve to be in prison. That cell should belong to a real shithead who actually did something to hurt people. Oh who am I kidding, our judges don't put real criminals in jail, they waste their time with people like this.

I agree with EVERYTHING you just said 100%. I dont think he did anything wrong. But not thinking he did anything wrong does not mean he didnt break the law, unfortunately. Believe me, I hope he gets some serious backing and can get out of this situation as well.....but he SHOULD have educated himself on the law.

[FFDP82 4]

People don't get that in other states it almost like a whole different world when it comes to guns. The guy really didn't do anything wrong. I think he was being responsible. He just happened to have all this occur in a terrible state for gun owners. Think this would have went the same way in Texas?

 

Exactly, it would not have.

 

Another is that most NJ Gun Owners are unaware of the fact in the USA, not everyone who owns a gun is an enthusiast. Because NJ's permit system keeps casual buyers away, the vast majority of people who own guns in NJ are enthusiasts, hunters, competitors, collectors, etc. You don't have a lot of people who never owned a gun before and were curious and just had some spare cash one day and bought a handgun from a buddy at work "just because" to try it out and see what it's like going to a shooting range. NJ's system makes that virtually unheard of. Look at people on here learning about laws and renting guns and planning purchases months ahead while they wait for permits to come in the mail.

 

My uncle lives in FL, you do not need any sort of permit to own a gun at your house, or keep it in your glovebox. He owns a gun and keeps it in his car/house, he figures "why not." After maybe a year of that, he figured he would make it easier and just get a CCW. It's no big deal down there. He's not a "gun guy" he's not an expert he's not sitting on the internet all day looking up gun laws and politics and new models because, he's not a "gun guy." In his state you can just buy a gun. Plenty of people in the USA own guns simply "for the hell of it" because their state does not needlessly restrict their constitutional rights. People buy an old .38 and leave it in the nightstand for a decade at a time.

 

It's 100% realistic that he had no idea NJ may have even had these laws. When my uncle comes up here to visit a couple years ago I showed him one of my guns, he noticed the rifle magazines look a lot shorter than the ones he normally sees. I explained the permits and the assault weapons ban and the this and the that to him. His head was spinning. He had no idea we even have those laws here. Many people don't, many people genuinely have no idea the kind of **** you have to put up with here.

 

To most Americans a gun is just a gun, you want one go to a sporting goods store and buy one, you don't like them you don't buy one.

[matty 810]

Exactly, it would not have.

 

To most Americans a gun is just a gun, you want one go to a sporting goods store and buy one, you don't like them you don't buy one.

 

 

Very true, wish it were like that here and I do hope he gets off. But we don't know the whole story, like why this hearing was in NJ. Did he used to live in NJ? Who knows. He does know who turned him in, I bet.

[Z71 4]

i was thinking that this guy did not know that he is not obligated to consent to a warrant-less search of his vehicle

beyond what could be easily seen and by doing so, his 5th and maybe 14th adm. rights were violated....

i remember reading something about a guy that allowed a search of his car not knowing he had a right to say no to a warrant-less search that would lead to self incrimination and the charges were dismissed....

[crackaloon 15]

So on the plus side...

1) He came all the way up here and cares about his kid(s).

2) He was on a Honda, probably not a gang member.

3) Complied with the LEO asking for permission to search.

On the minus side...

1) Stupid for being involved with this woman.

2) Stupid for bringing the gun with him.

3) Stupid for complying with LEO asking for permission to search without lawyer consult.

 

I wouldn't be surprised if he ends up serving (more) jail time if he doesn't get good legal help.

Not only will he not get any custody that isn't supervised. She'll be getting everything she wants in court. He has stupidly come face to face with not one, but two of the worst court related problems in the country.

[SpecOps2087 3]

What the hell is he supposed to do?

 

 

He doesn't live here so what...leave the firearm in the hotel room where it could be stolen by a maid?

 

He HAS to bring it with him, and did it perfectly legally and sensibly. Yet in NJ, that isn't good enough...

 

I hope someone gets behind him and shoves this up NJ's a**.

[vjf915 456]

Getting a search warrant for a vehicle is MUCH easier to do than a warrant for a house. This may have been mentioned to him in order to coerce him into signing off on it.

[KpdPipes 388]

Nobody seems to have addressed the fact that HE TOLD SOMEONE he had the damed handgun, OR, he was so careless that someone SAW it when he had the saddlebag open..which makes me wonder if he wasnt actually carrying it, and a passerby saw him put it in the saddle bag. Either way if it wasnt for his OWN carelessness the issue would have never come up, because nobody would have been ABLE to say he had the gun in his Bike in the first place. Stupid has Costs.

[FFDP82 4]

Nobody seems to have addressed the fact that HE TOLD SOMEONE he had the damed handgun, OR, he was so careless that someone SAW it when he had the saddlebag open..which makes me wonder if he wasnt actually carrying it, and a passerby saw him put it in the saddle bag. Either way if it wasnt for his OWN carelessness the issue would have never come up, because nobody would have been ABLE to say he had the gun in his Bike in the first place. Stupid has Costs.

 

As usual, the only person standing up for the ridiculous, unconstitutional laws we have is our not-so-friendly neighborhood cop.

 

As stated by the Supreme Court of the United States:

 

due process “forbids the government to infringe certain ‘fundamental’ liberty interests . . . unless the infringement is narrowly tailored to serve a compelling state interest

 

Now that the second amendment is incorporated and applies to the states through due process, please demonstrate the compelling state interest that justifies not being able to have an inoperable handgun in your vehicle and why NJ has the need to do things differently than virtually the rest of the entire USA. One could drive from Nevada to Pennsylvania with an unloaded handgun locked in their car, why is it suddenly such an issue when they cross into NJ? On what basis?

[KpdPipes 388]

As usual, the only person standing up for the ridiculous, unconstitutional laws we have is our not-so-friendly neighborhood cop.As stated by the Supreme Court of the United States:

 

 

 

Now that the second amendment is incorporated and applies to the states through due process, please demonstrate the compelling state interest that justifies not being able to have an inoperable handgun in your vehicle and why NJ has the need to do things differently than virtually the rest of the entire USA. One could drive from Nevada to Pennsylvania with an unloaded handgun locked in their car, why is it suddenly such an issue when they cross into NJ? On what basis?

 

Please point out where i have "Stood up" for that law... Simple fact is The legislature in this state WILL NOT CHANGE on their own, it is going to take lawsuits. If you want someone to promise you Pnioes and Rainbows, or piss down your back and tell you it's raining...i guess that DOES make me "Not so Friendly" because I will tell you the reality of the situation here. If YOU choose to stomp your feet with your fingers in your ears, rather than accept that reality and work withing the system we have available, that's on you. Gun owners are a minority in NJ. Gun owners are not ONLY a minority but they are such a fractured group that their voice isnt loud enough to influence the elected officials. You want to **** at me?? I HONESTLY dont give a damn..I have been 100% consistant in what i post and how I look at things in this state. I make my phone calls, I send my letters I pay my money to NRA, FNRA, SAF, and ANJRPC..and the FUNNY thing is I DONT HAVE TO.... Yeah I'm more than willing to pay that $500.00 for my carry permit, and i HOPE it passes, because it gives the ability to sue the state for the unconstitutionality of the fees..but in the long run..it doesnt matter because I ALREADY HAVE MINE.. hell by supporting that im screwing MYSELF to pay fees that I wouldnt have to if things remained Status Quo, as well as the Psych that I wouldnt otherweise have to bother with..but yeah Im the big bad asshole cop who doesnt want anyone else to have guns. I work in a Political County which is VERY anti-gun..my very vocal and public opinion regarding NJ's Gun laws, and certain politicians stances have cost me several opportunities to work on County Task forces, which have ultimately cost me a Crap-ton of money over the years..what have YOU sacrificed for Gun owners Skippy???

[Jon 264]

Please point out where i have "Stood up" for that law... Simple fact is The legislature in this state WILL NOT CHANGE on their own, it is going to take lawsuits. If you want someone to promise you Pnioes and Rainbows, or piss down your back and tell you it's raining...i guess that DOES make me "Not so Friendly" because I will tell you the reality of the situation here. If YOU choose to stomp your feet with your fingers in your ears, rather than accept that reality and work withing the system we have available, that's on you. Gun owners are a minority in NJ. Gun owners are not ONLY a minority but they are such a fractured group that their voice isnt loud enough to influence the elected officials. You want to **** at me?? I HONESTLY dont give a damn..I have been 100% consistant in what i post and how I look at things in this state. I make my phone calls, I send my letters I pay my money to NRA, FNRA, SAF, and ANJRPC..and the FUNNY thing is I DONT HAVE TO.... Yeah I'm more than willing to pay that $500.00 for my carry permit, and i HOPE it passes, because it gives the ability to sue the state for the unconstitutionality of the fees..but in the long run..it doesnt matter because I ALREADY HAVE MINE.. hell by supporting that im screwing MYSELF to pay fees that I wouldnt have to if things remained Status Quo, as well as the Psych that I wouldnt otherweise have to bother with..but yeah Im the big bad asshole cop who doesnt want anyone else to have guns. I work in a Political County which is VERY anti-gun..my very vocal and public opinion regarding NJ's Gun laws, and certain politicians stances have cost me several opportunities to work on County Task forces, which have ultimately cost me a Crap-ton of money over the years..what have YOU sacrificed for Gun owners Skippy???

 

 

Kudos to you Kpd, I wish more cops had your attitude.

[Parker 213]

Gun owners are a minority in NJ. Gun owners are not ONLY a minority but they are such a fractured group that their voice isnt loud enough to influence the elected officials.

 

Nothing could be more true than this statement. Compared to the total population in New Jersey, gun owners are a very small minority. And fractured is an understatement.

 

As for Mr. Tommy J. Fry, he simply didn't exercise good judgement. You bring a gun to a gunfight, not an out-of-state custody hearing. A custody hearing that's NOT where you reside is a unique situation where I think you would want to be on your best behavior while you're away from home if you want things steered your way. My English grandmother would opine Mr. Fry as a "blithering idiot," not someone whose rights were violated.

[FFDP82 4]

Please point out where i have "Stood up" for that law... Simple fact is The legislature in this state WILL NOT CHANGE on their own, it is going to take lawsuits.

 

Which is exactly why you should be supporting people like this guy who was arrested. The legislature will not change things, only appellate decisions of cases like these will. This particular case would make an excellent test case in a higher court. But of course you'd rather curse the guy out and make stupid comments about him.

 

Also, no one here has yet shown the "compelling reason" needed for a blanket-ban on guns in cars with a few narrow exceptions that NJ has. Lots of talk about "bad judgement" but no explanation how the law as it stands is constitutional. I will accept their silence on the question as the concession that the law is unconstitutional.

[KpdPipes 388]

Which is exactly why you should be supporting people like this guy who was arrested. The legislature will not change things, only appellate decisions of cases like these will. This particular case would make an excellent test case in a higher court. But of course you'd rather curse the guy out and make stupid comments about him.

 

Also, no one here has yet shown the "compelling reason" needed for a blanket-ban on guns in cars with a few narrow exceptions that NJ has. Lots of talk about "bad judgement" but no explanation how the law as it stands is constitutional. I will accept their silence on the question as the concession that the law is unconstitutional.

 

I still fail to see where I Supported the law as YOU CLAIMED I WAS.. But then again I really didnt expect you to apologize. You've made your opinion on Police in general and me specifically perfectly clear before.