Recon Racoon 49 Posted March 29, 2011 I'm not even a law student and I could have written a better brief than that garbage. IMO, the judge will rule in the states favor because its New Jersey. Almost everyone is in some body's pocket. It will be sent to an appeals court where we will wait for another couple of months for a decision that could either way if in a Federal Appeals court, or in NJ's favor if its in a NJ Appeals court where we could appeal the appeals decision to the USSC where they decide if they even want to hear the case. If they do and we win then it sets a new juris-precedent that will pave the way for pseudo no issue state law suits across the US. Quote Share this post Link to post Share on other sites
ianargent 7 Posted March 29, 2011 Isn't this already in a federal court? Quote Share this post Link to post Share on other sites
quikz 34 Posted March 29, 2011 I believe a significant question now is, will it even go to the SCOTUS? IF it does NOT, we are screwed. The citizens of NJ will be even more screwed out of another Right. But then again, alot of folks in NJ are brain-washed anyways. :thsmiley_deadhorse: Quote Share this post Link to post Share on other sites
ianargent 7 Posted March 30, 2011 It takes 4 justices and a lot of time and money to bring a case to SCOTUS. None of those conditions seem impossible Quote Share this post Link to post Share on other sites
Live_Free_orDie 1 Posted March 30, 2011 Isn't this already in a federal court? I believe it's in U.S. District Court in Newark Quote Share this post Link to post Share on other sites
Recon Racoon 49 Posted March 30, 2011 I believe it's in U.S. District Court in Newark This. It won't go Federal until the Appeals process or it goes to the SCOTUS. So until deliberation in September its a state court issue, but during the appeals it can go either state appeals circuit, or Federal Appeals circuit. Quote Share this post Link to post Share on other sites
ianargent 7 Posted March 30, 2011 Um, US District court is a federal court - hence the US part of the name. Which is what I thought, since the case is essentially a federal civil rights case. I was being lazy and not looking up the case itself The United States District Court for the District of New Jersey (in case citations, D.N.J.) is the federal district court whose jurisdiction is the state of New Jersey. Cases brought in the District are appealed to the United States Court of Appeals for the Third Circuit (except for patent claims and claims against the U.S. government under the Tucker Act, which are appealed to the Federal Circuit). 2 Quote Share this post Link to post Share on other sites
vjf915 456 Posted March 30, 2011 Bravo sir, good job. I THOUGHT that it was a federal court, but was not 100% sure and did not want to state something that wasn't factual. Quote Share this post Link to post Share on other sites
Spartiati 63 Posted March 30, 2011 My bet is judge grants motion to dismiss. Scotus will take eventually because NJ's argument now isn't that their regulations are reasonable it's that 2a rights with respect carrying a handgun don't extend beyond the home based on Heller/MacDonald. Scotus will have to settle this at some point. Quote Share this post Link to post Share on other sites
ianargent 7 Posted March 30, 2011 We shall see. He could grant SAF Motion to dismiss... Unlikely but possible. Quote Share this post Link to post Share on other sites
Live_Free_orDie 1 Posted March 31, 2011 This. It won't go Federal until the Appeals process or it goes to the SCOTUS. So until deliberation in September its a state court issue, but during the appeals it can go either state appeals circuit, or Federal Appeals circuit. UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY JEFFREY M. MULLER; DANIEL J. PISZCZATOSKI; JOHN M. DRAKE; GREGORY C. GALLAHER; LENNY S. SALERNO; FINLEY FENTON; SECOND AMENDMENT FOUNDATION, INC.; and ASSOCIATION OF NEW JERSEY RIFLE & PISTOL CLUBS, INC., Plaintiffs, v. THE HON. PHILIP J. MAENZA, in his Official Capacity as Judge of the Superior Court of Morris County; THE HON. RUDOLPH A. FILKO, in his Official Capacity as Judge of the Superior Court of Passaic County; THE HON. EDWARD A. JEREJIAN, in his Official Capacity as Judge of the Superior Court of Bergen County; THE HON. THOMAS A. MANAHAN, in his Official Capacity as Judge of the Superior Court of Morris County; COL. RICK FUENTES, in his Official Capacity as Superintendent of the New Jersey State Police; CHIEF FRANK INGEMI, in his Official Capacity as Chief of the Hammonton, New Jersey Police Department; CHIEF RICHARD COOK, in his Official Capacity as Chief of the Montville, New Jersey Police Department; and PAULA T. DOW, in her Official Capacity as Attorney General of New Jersey, Defendants. Quote Share this post Link to post Share on other sites
Recon Racoon 49 Posted March 31, 2011 So it is a Federal Court? I thought it was only State? Hm, guess I need to brush up on my definitions. Quote Share this post Link to post Share on other sites
Live_Free_orDie 1 Posted April 1, 2011 So it is a Federal Court? I thought it was only State? Hm, guess I need to brush up on my definitions. No Problem...just happy to clarify. Quote Share this post Link to post Share on other sites
davisac 1 Posted April 6, 2011 So, any updates on the case? Quote Share this post Link to post Share on other sites
vjf915 456 Posted April 6, 2011 Waiting to hear what the judge has to say. Every time someone bumps the thread, all I think is "Maybe we have an early answer!!!" Quote Share this post Link to post Share on other sites
I saw nothing 3 Posted April 6, 2011 Waiting to hear what the judge has to say. Every time someone bumps the thread, all I think is "Maybe we have an early answer!!!" Made you look... sorry, could not resist. BTW, I do the same thing every single day. First thing I do is check this thread and look at the date and time. However, this is NJ and anything in our favor will take forever. If it was a NJ corrupt spending bill it would have been passed and onto the next corrupt bill. Quote Share this post Link to post Share on other sites
hd2000fxdl 422 Posted April 6, 2011 Waiting to hear what the judge has to say. Every time someone bumps the thread, all I think is "Maybe we have an early answer!!!" Get me thinking the same thing, I shuold just wait till September and start reading at page 30. Harry Quote Share this post Link to post Share on other sites
ianargent 7 Posted April 6, 2011 Subscribe to the thread... Quote Share this post Link to post Share on other sites
Parikh1234 0 Posted April 11, 2011 any news on this? Was at bullet hole and they has a newsletter in the range with something the case getting dismissed? I didnt read the article as I forgot to pick one up on the way out. Quote Share this post Link to post Share on other sites
vjf915 456 Posted April 11, 2011 I searched, and found that they filed for a motion to dismiss on March 21. I have not found anything other than that. http://anjrpc.site-ym.com/resource/resmgr/Legal_Motions___Briefs/NJ_AG_Motion_to_Dismiss.pdf Quote Share this post Link to post Share on other sites
I saw nothing 3 Posted April 11, 2011 So this state is basically saying that you do not have the right to defend yourself outside of your home? I am sure they (state officials) follow these guidelines... (sarcasm) Quote Share this post Link to post Share on other sites
dave545 15 Posted April 11, 2011 this came from the motion to dismiss the trial, are you kidding me? "Furthermore, the plaintiff organizations are not directly affected by the challenged provisions. They have not suffered an injury to their own interests by the denial to others of the right to carry a handgun. Nor do they, by their stated purposes (promotion of the interests of outdoors people and promotion of Second Amendment rights generally), have a sufficient interest or link to the challenged provisions." this is total BS how are they not affected by others not being able to carry a concealed handgun when that is what the whole org is about so every lawful civilian that is denied is a personal blow directly to them Quote Share this post Link to post Share on other sites
Spartiati 63 Posted April 11, 2011 Nothing new being written here...Yes the state filed a motion to dismiss, we know that already. A judge will read this and make a decision in September...Stop getting me excited by bumping this thread.... Quote Share this post Link to post Share on other sites
hd2000fxdl 422 Posted April 14, 2011 Aaarrrgggg, I looked again, dang it. Harry Quote Share this post Link to post Share on other sites
BRaptor 68 Posted April 14, 2011 Aaarrrgggg, I looked again, dang it. Harry So, you decided to post and you made ME look!!! Dang-it, quit it! Quote Share this post Link to post Share on other sites
BigHayden 77 Posted April 14, 2011 Made you look! Quote Share this post Link to post Share on other sites
vjf915 456 Posted April 14, 2011 I'm gonna **** slap the next person who bumps this for no reason!! Quote Share this post Link to post Share on other sites
djg0770 481 Posted April 14, 2011 I'm gonna **** slap the next person who bumps this for no reason!! I hope you **** slap yerself first. Quote Share this post Link to post Share on other sites
n4p226r 105 Posted May 26, 2011 http://mobile.nj.com/advnj/db_96837/contentdetail.htm?contentguid=7hKvBPSx&src=cat Quote Share this post Link to post Share on other sites