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joejaxx

SAF v NJ (MULLER et al v. MAENZA et al)

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Hey man, don't shoot the messenger lol! I thought the same thing when I heard it too. But hey, you gotta have faith!

 

I shoulda put what is the instructor smoking, sorry. I'm waiting for the recipricity to go into law first.

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You may say it can't happen soon, but "all" you have to do is get all the local police in the state, plus the NJSP to identify self-defense as a "justifiable need" and convince every judge in the state to agree to that standard and issue permit applications, accordingly, without restrictions. The whole "justifiable need" standard is judge-made law, the statute doesn't say that self-defense is not a justifiable need.

 

Or, the legislature has to modify "justifiable need" to include self-defense.

 

 

HAHAHA! I'll keep working on teaching my pet pig to fly. I still got my money on the pig before CCW in NJ, though.

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So, it appears that Duane Morris, the lawfirm that filed the case for SAF and ANJRPC in NJ, has withdrawn as counsel. David Jensen, the Duane Morris attorney working on the case, has replaced Duane Morris as counsel for plaintiffs. It appears that he is no longer an associate at Duane Morris. The pleading lists his office in NYC, so I assume he is out on his own. Does anyone know anything about this? Not a positive development in my view. No matter how good of an attorney Jensen may be, having a real firm like Duane Morris behind the suit was only a good thing.

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So, it appears that Duane Morris, the lawfirm that filed the case for SAF and ANJRPC in NJ, has withdrawn as counsel. David Jensen, the Duane Morris attorney working on the case, has replaced Duane Morris as counsel for plaintiffs. It appears that he is no longer an associate at Duane Morris. The pleading lists his office in NYC, so I assume he is out on his own. Does anyone know anything about this? Not a positive development in my view. No matter how good of an attorney Jensen may be, having a real firm like Duane Morris behind the suit was only a good thing.

 

I'm certainly not speaking with any experience or authority, but FWIW the guy who runs NJCSD says "we're in good hands" with Jensen.

 

Any word on NJ's latest response? Their 3 day extension is up, right?

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Their response is due March 16. The state has some ground to make up, given the POS papers they filed so far. Hopefully these will be just as bad. I'm encouraged by the fast track. The NY Kochalsky case was mired down for a while. The NJ case is proceeding pretty quickly.

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Their response is due March 16. The state has some ground to make up, given the POS papers they filed so far. Hopefully these will be just as bad. I'm encouraged by the fast track. The NY Kochalsky case was mired down for a while. The NJ case is proceeding pretty quickly.

IIRC the State asked for a 3 business day extension from the original deadline of Wed March 9th. That would make it due today.

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Lol.. i heard glocks are on the banned ccw list by the state.. sorry bro

 

Don't forget guns made by any manufacturer with the a vowel in their names, any gun that can accept a detachable magazine, any gun with a revolving wheel cylinder, any gun that can accept a large bullet blasting box, any gun on which a flashlight/laser/sight/MRE heater can be attached, any gun which has a capacity of larger than one cartridge, and any gun that fires a cartridge larger than .177. I think that's everything. :p

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Sweet, so my .17HMR pen gun is still ok to shirt pocket carry!

 

Nope. While the .17HMR is under the max caliber, it DOES however fall under the "Cartridge that makes use of smokeless or black powder" clause.

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That bill has its own thread. That bill would likely not effect this case that much, except just to show that the country as a whole is moving towards gun rights. However, it does not provide any case law rulings or laws that directly effect this case. It also would not benefit any NJ residents because the mandatory reciprocity only works for states OTHER than the state you are a resident in. Example: NJ technically does not prohibit the carrying of firearms, therefore if this bill were to pass and national reciprocity were to pass, a resident of PA could carry in NJ as long as they obeyed NJ laws. An NJ resident could get a FL CCW permit, and carry in any state EXCEPT NJ since they are a resident of NJ.

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REPLY BRIEF to Opposition to Motion re 25 Cross MOTION to Dismiss Plaintiffs' Complaint filed by PAULA T. DOW, RUDOLPH A. FILKO, RICK FUENTES, EDWARD A. JEREJIAN, PHILIP J. MAENZA, THOMAS A. MANAHAN. (Attachments: # 1 Certificate of Service)(SPELLMEYER, GREGORY) (Entered: 03/16/2011)

gov.uscourts.njd.249720.35.0.pdf

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Because the justifiable need standard directly relates to an applicant’s demonstrated need to carry a handgun for self defense, it burdens no more of any alleged right to carry than is necessary. Therefore, New Jersey’s regulation is narrowly tailored to serve its compelling interest in ensuring the safety of all of its citizens and passes constitutional review.

 

Oh. My. God. They actually believe that? Faith in humanity: -100

 

Edit: Just finished reading the rest. My favorite parts were the ones where they continually claim that the whole justifiable need thing is a "regulation" rather than a "prohibition". Do we get another rebuttal for this? It'd be funny when we pull the statistics for how many carry permits are issued v. how many are applied for and under what circumstances each was applied for.

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