Second Amendment Message from Michael Patrick Carroll‏

[sig2009 3]

I just got this today. Thought I would post it.

 

 

 

 

Because you have written to me on the subject of concealed carry – or other firearms freedoms in New Jersey – I am taking the liberty of sending you (as text) my most recent letter to the Chairman of the Assembly Law and Public Safety Commission.

 

As you may know, NJ is presently being sued to overturn its patently unconstitutional prohibition on carrying firearms. Although the matter is before the Courts, I hope to persuade the Legislature to do its constitutional duty without being scolded – at great expense – by a federal court.

 

Please consider the following, and favor me with any thoughts you have on the subject. (And, of course, feel free to add you sentiments to mine by contacting the Chairman)

 

Michael Patrick Carroll

Assemblyman, LD 25 NJ

 

**************************************

 

Hon. Gordon M. Johnson

545 Cedar Lane

Teaneck, New Jersey

07666

 

Re: A-1384, inter alia

 

Dear Chairman Johnson:

 

Previously, I wrote to The Chairman about the desirability of a comprehensive review of New Jersey firearms statutes. I further understand that many folks in the pro-freedom community have reached out to The Chairman, urging the same course of action. I write again in the hopes that we, as a Legislature, can get right with the Constitution before the Federal Courts compel us to do so.

 

 

As The Chairman knows, in the Heller case, the Supreme Court of the United States ruled that individuals possess a constitutional right to possess and carry firearms, for (among other reasons) defense of themselves, of others, and of the State. In McDonald, the Court made it clear – to the extent any dispute existed – that this constitutional provision applies to state governments as well.

 

For many years, New Jersey stood, a lonely outlier, denying its citizens the basic freedoms enjoyed virtually everywhere else in the nation. Back then, the State at least enjoyed the presumption that its actions were not of constitutional magnitude. It enjoys that polite fiction no more. Now, New Jersey stands revealed – to the extent any dispute ever existed – as being among the very few states denying its people one of their fundamental constitutional rights.

 

Obviously, we, as legislators, sworn to uphold the Constitution, should be personally offended when our laws so egregiously violate one of its fundamental provisions. When – perhaps through misplaced passion – we act in a manner which denies our fellow citizens their basic constitutional rights, we should correct that mistake with all deliberate speed.

 

In many cases decided since Heller, state-imposed restrictions upon basic freedoms have been tested, but nowhere are the restrictions more draconian than here in New Jersey (save, perhaps, Maryland). That looks as if it’s about to change. A lawsuit has been filed against New Jersey challenging its virtually absolute prohibition on the Second Amendment right to “bear arms” for personal self defense. Although it is always a capital mistake to predict the course of litigation, if the Federal District Court faithfully applies Heller and McDonald, New Jersey’s outright ban on carrying firearms for self defense will meet an expeditious, and well-deserved, end.

 

Since this law was always poor policy – that the people of New Jersey are somehow untrustworthy, and certainly less trustworthy than the residents of 45-some-odd other states, was always, at best, a profoundly nonsensical proposition – its imminent demise represents grounds for rejoicing. But it will also necessitate legislative action, sooner rather than later.

 

Faced with the seemingly inevitable invalidation of our clearly unconstitutional law, the Legislature faces a choice: obey the Constitution voluntarily or have a federal court compel us to do so. In the latter case, this will not be an inexpensive proposition; when a court determines that a state law violates basic constitutional rights, it possesses the authority – almost the obligation – to award counsel fees to the prevailing party. At a time when every last penny of taxpayer resources is precious (to the extent that there is ever a time at which they are not), paying many hundreds of thousands of dollars (to err on the side of a very conservative number) in legal fees to defend the indefensible strikes me as a profoundly misguided.

 

Put simply, time is not on the side of those who oppose recognition of our citizens’ constitutional rights. Every minute we delay, keeping unconstitutional statutes upon our books, the meter keeps ticking, running up legal fees the taxpayers will be compelled to bear. While the Administration may labor under an obligation to defend the Legislature’s handiwork – however foolish – we do not labor under an obligation to persist in our error. While, likely, not a few of our colleagues will object to complying with the Constitution, we will either do it ourselves or be forced to ignominiously admit that, even though we knew what the Constitution required, we refused to comply. That those sworn to uphold the Constitution would revel in opposing its mandates, and passionately defend denying its basic protections to New Jersey citizens, is truly disturbing

 

I respectfully request, then, that The Chairman promptly schedule the above for a hearing, such that New Jersey can begin the process of complying with basic constitutional commands.

 

Respectfully submitted,

 

Michael Patrick Carroll

[Babaganoosh 192]

Sounds good. Just gotta await the outcome I guess.

[Jon 264]

Unfortunately I don't feel that there will be any movement in the Legislature prior to a decision by the courts.

[NJdiverTony 27]

Unfortunately I don't feel that there will be any movement in the Legislature prior to a decision by the courts.

 

I'm right with you on that, man... It's unfotunate, but this will probably be the most probable outcome.

[lunker 274]

Bravo to Mr Carroll. A well thought out and well written, respectful letter. The only part I don't get is the reference to Maryland, considering California and New York City still have us beat for asanine gun laws.

[kenw 293]

My rant...

 

Where is the public debate and dialogue on this issue?

 

Any other sweeping legislation (especially one with Constitutional ramifications) has advocates on both sides coming out of the woodwork. There are demonstrations and counter demonstrations, rallies and fundraisers, expert pundits from both sides, public outcry from both camps and an ongoing public debate.

 

The absence of such activity from both sides just shows how beaten down we are, and how arrogant and overconfident the other side is.

 

We've heard virtually nothing from Miller and his minions. Is it because they so firmly believe that Fortress New Jersey will spend every penny of our money fighting every word and nuance of a decision all the way up to the SCOTUS, until we just can't take it any more?

 

We've seen precious little from the advocates for our freedom within the state. We depend on outside help, and then complain when nothing immediate happens. Our local contribution to the struggle has so far been limited to the efforts of a couple of groups. Where is the statewide cry for attention to the return and preservation of our freedom?

 

The letter from Carroll is strong and persuasive, but does it have any teeth? Who is standing publicly behind him with the power and voice of thousands or tens of thousands of NJ citizens?

 

Certainly we can get some attention to the cause. Write letters to everyone, in Trenton and in the media, explaining the facts and deflating the lies and hyperbole of the opposition. We can't get the media on our side, but maybe we can draw some attention to ourselves. It's really time to stop cowering in the shadows and come forward and join the effort.

 

You all know that I'm ambivalent on some aspects of CCW in NJ, but I'm never against restoring the right of any law abiding New Jerseyan to make the choice for themselves. It's not about guns, it's about freedom from fear and security for ouselves and our families.

 

Start writing.

 

rant over.

[Downr@nge 22]

Northfield (Atlantic County), NJ (US), 39n22, 74w38950']

My rant...

 

Where is the public debate and dialogue on this issue?

 

Any other sweeping legislation (especially one with Constitutional ramifications) has advocates on both sides coming out of the woodwork. There are demonstrations and counter demonstrations, rallies and fundraisers, expert pundits from both sides, public outcry from both camps and an ongoing public debate.

 

The absence of such activity from both sides just shows how beaten down we are, and how arrogant and overconfident the other side is.

 

We've heard virtually nothing from Miller and his minions. Is it because they so firmly believe that Fortress New Jersey will spend every penny of our money fighting every word and nuance of a decision all the way up to the SCOTUS, until we just can't take it any more?

 

We've seen precious little from the advocates for our freedom within the state. We depend on outside help, and then complain when nothing immediate happens. Our local contribution to the struggle has so far been limited to the efforts of a couple of groups. Where is the statewide cry for attention to the return and preservation of our freedom?

 

The letter from Carroll is strong and persuasive, but does it have any teeth? Who is standing publicly behind him with the power and voice of thousands or tens of thousands of NJ citizens?

 

Certainly we can get some attention to the cause. Write letters to everyone, in Trenton and in the media, explaining the facts and deflating the lies and hyperbole of the opposition. We can't get the media on our side, but maybe we can draw some attention to ourselves. It's really time to stop cowering in the shadows and come forward and join the effort.

 

You all know that I'm ambivalent on some aspects of CCW in NJ, but I'm never against restoring the right of any law abiding New Jerseyan to make the choice for themselves. It's not about guns, it's about freedom from fear and security for ouselves and our families.

 

Start writing.

 

rant over.

 

 

+1 quadrillion

[vladtepes 1,060]

my crystal ball says NJ will fold under the pressure..

allow CCW

but in an effort to act as "NJ" as possible.. tack on 80 million qualifiers...

 

they will no longer adopt the policy that you need a justifiable need.. they will instead make it so annoying (and expensive) that few will bother.. and they will hope that mindset buys them a buffer to never really addressing the issue..

 

the end result will be the ability for CCW but not realistically for any average citizen..

 

imo of course..

[CageFighter 236]

I think if Christie wants to make a presidential run in 2012, he better make a stand for gun rights & the 2nd amendment NOW!! -If not, I can put him in the same category as the rest of the hacks!

[lunker 274]

You don't win anything in National Republican politics if you're not pro second amendment. Look at the chilly reception Giuliani got (of course his liberal social views assisted in that).

[Frank Jack Fiamingo 58]

I just got this today. Thought I would post it.

 

MPC's letter follows...

 

I apologize for the repost. I missed seeing this here. But there is an important point to be made. We CANNOT afford to wait and see how this plays out. We have to take an ACTIVE role in making sure the members of both the Assembly and Senate Law and Public Safety Committees UNDERSTAND that we are FIRMLY behind Assemblyman Carroll. Trust me, they are sitting back just HOPING that we will just go back to busily raising our families and making a living. They are COUNTING on us to forget all about the "silly nonsense".

 

If we don't continue the momentum we built up in 2010, we will lose the fight. This is an ALL-OUT ASSAULT. We got their attention last year. The ANJRPC filed a "Right To Carry" suit against the State, and a powerful Governor was "convinced" to commute Brian Aitken's sentence. Those things didn't happen because people were waiting to see. They happened because PEOPLE HAVE HAD IT, AND SAID SO!

 

This is the time to INCREASE the pressure on the committees and the legislature. They have to KNOW that we are in this for the long haul. I they even THINK that we are willing to "let up", the entire effort will GO STRAIGHT DOWN THE DRAIN. The only way to prevent this from happening is to keep making the phone calls, and keep writing the letters. If *WE* don't do it, who the HELL will?

 

The holiday is OVER. I wish everyone a VERY Happy New Year, but now it is time to GET BACK TO WORK. Either you want to be able to freely exercise the rights that *SHOULD* already be protected under the Second Amendment, or you don't. IF you *DO*, then you need to get involved in this fight. If you are not sure how, join the New Jersey Second Amendment Society, or the ANJRPC. Go with us to Trenton and meet with your representatives. Let them know how you feel about having your rights trampled upon. DAMNIT, NOW IS THE TIME!!! There has never been a better time, and there is unlikely to be one again in the near future.

 

Tomorrow, the NJ2AS Legislative Affairs Committee Chair, Bob Barush and I will be going to the Statehouse to meet with two Senators, an Assemblywoman, and the Chief of Staff of the President of the Senate. All we did was *ASK*! We already met with Senator Steve Sweeney before the holidays and have been invited back to help develop changes to the current statutes. But doors that have been opened can easily be shut if we don't have the political will to keep applying the pressure. So I am ASKING you. DO NOT SIT BACK and wait. Please do whatever you CAN to move our mutual agenda forward. The officers and board of the NJ2AS and I are ALWAYS open to your suggestions. PLEASE if you have connections with any of your representatives (ESPECIALLY if they are on the Law & Public Safety Committees) let us know. Perhaps you can help by making an introduction. And it doesn't hurt when constituents of a district show up with us when we go to Trenton. I realize you all work, but if you can wrangle a day off, please think about it. It *WILL help.

 

I don't mean to be preaching here, but you *ALL* saw what happened when people got involved in the Brian Aitken story. Don't let ANYONE fool you - *THEY* made that commutation happen. It didn't fall like "manna" from heaven. Well, we can make the right to carry happen *TOO*. But you have to get involved and PUSH for it.

 

If you read this far, hey thanks - what else can I say.

[Tom-NJ2AS 31]

Well said Frank. We need all the support we can get. Vacation time IS over, now lets get back to work!!

[CageFighter 236]

Get r done!

[c6dino 2]

Well said Frank!

Is there a petition to sign?

It seems that the 25K+ petitions got their attention in Brian's case

[Frank Jack Fiamingo 58]

Well said Frank!

Is there a petition to sign?

It seems that the 25K+ petitions got their attention in Brian's case

 

I will put something together. It will have to wait until after the meetings this week. I want to begin planning a Statehouse Steps Rally soon as well. More on that soon. In the meantime, don't be afraid to pick up the phone and make calls. THAT is why they are there. Their JOB is to hear from their constituents. That would be *US*! I'll tell you a secret. It is MUCH easier to do than you think. Before I got involved with the NJ2AS, I had NEVER made a call to a representative in my life. Now I do it all the time. It is a piece of cake. We are just too used to hearing people tell us that it won't do any good. Well guess what, if we don't MAKE those calls, they are *CERTAIN* not to do any good. .

[usnmars 136]

I cant imagine this state without an AWB, it must be nice to live in America!

[Genewarper111 18]

Frank - you, Bob and all the people working in the background are doing a truly FANTASTIC job. Personally I am very wary for reasons Bob knows, but I'll certainly see you next week (12th) and we can talk mor ethen. I'll do whatever is deemed appropriate.

 

G

[Frank Jack Fiamingo 58]

Frank - you, Bob and all the people working in the background are doing a truly FANTASTIC job. Personally I am very wary for reasons Bob knows, but I'll certainly see you next week (12th) and we can talk mor ethen. I'll do whatever is deemed appropriate.

 

G

 

That sounds perfectly fine to me.

[intercooler 41]

I apologize for the repost. I missed seeing this here. But there is an important point to be made. We CANNOT afford to wait and see how this plays out. We have to take an ACTIVE role in making sure the members of both the Assembly and Senate Law and Public Safety Committees UNDERSTAND that we are FIRMLY behind Assemblyman Carroll. Trust me, they are sitting back just HOPING that we will just go back to busily raising our families and making a living. They are COUNTING on us to forget all about the "silly nonsense".

 

If we don't continue the momentum we built up in 2010, we will lose the fight. This is an ALL-OUT ASSAULT. We got their attention last year. The ANJRPC filed a "Right To Carry" suit against the State, and a powerful Governor was "convinced" to commute Brian Aitken's sentence. Those things didn't happen because people were waiting to see. They happened because PEOPLE HAVE HAD IT, AND SAID SO!

 

This is the time to INCREASE the pressure on the committees and the legislature. They have to KNOW that we are in this for the long haul. I they even THINK that we are willing to "let up", the entire effort will GO STRAIGHT DOWN THE DRAIN. The only way to prevent this from happening is to keep making the phone calls, and keep writing the letters. If *WE* don't do it, who the HELL will?

 

The holiday is OVER. I wish everyone a VERY Happy New Year, but now it is time to GET BACK TO WORK. Either you want to be able to freely exercise the rights that *SHOULD* already be protected under the Second Amendment, or you don't. IF you *DO*, then you need to get involved in this fight. If you are not sure how, join the New Jersey Second Amendment Society, or the ANJRPC. Go with us to Trenton and meet with your representatives. Let them know how you feel about having your rights trampled upon. DAMNIT, NOW IS THE TIME!!! There has never been a better time, and there is unlikely to be one again in the near future.

 

Tomorrow, the NJ2AS Legislative Affairs Committee Chair, Bob Barush and I will be going to the Statehouse to meet with two Senators, an Assemblywoman, and the Chief of Staff of the President of the Senate. All we did was *ASK*! We already met with Senator Steve Sweeney before the holidays and have been invited back to help develop changes to the current statutes. But doors that have been opened can easily be shut if we don't have the political will to keep applying the pressure. So I am ASKING you. DO NOT SIT BACK and wait. Please do whatever you CAN to move our mutual agenda forward. The officers and board of the NJ2AS and I are ALWAYS open to your suggestions. PLEASE if you have connections with any of your representatives (ESPECIALLY if they are on the Law & Public Safety Committees) let us know. Perhaps you can help by making an introduction. And it doesn't hurt when constituents of a district show up with us when we go to Trenton. I realize you all work, but if you can wrangle a day off, please think about it. It *WILL help.

 

I don't mean to be preaching here, but you *ALL* saw what happened when people got involved in the Brian Aitken story. Don't let ANYONE fool you - *THEY* made that commutation happen. It didn't fall like "manna" from heaven. Well, we can make the right to carry happen *TOO*. But you have to get involved and PUSH for it.

 

If you read this far, hey thanks - what else can I say.

my local legislaters are Allison Mchose and Sen Oroho....I don't need to do anything, they are ALL over it for me...

[kenw 293]

my local legislaters are Allison Mchose and Sen Oroho....I don't need to do anything, they are ALL over it for me...

They are mine as well, and any time I see them supporting something I agree with, or pushing against overwhelming odds for something I believe in, they get a letter from me. It's good to show your support when our elected officials are doing what we put them in to do, and it's equally important to make them aware of your disagreement when they seem to be straying.

[Frank Jack Fiamingo 58]

They are mine as well, and any time I see them supporting something I agree with, or pushing against overwhelming odds for something I believe in, they get a letter from me. It's good to show your support when our elected officials are doing what we put them in to do, and it's equally important to make them aware of your disagreement when they seem to be straying.

 

Yes, good point Ken. We need to show them that we are still here and that we appreciate their support. And as you aptly point out, there are "degrees" of agreement. It is a good idea not to assume too much, and to keep our eyes open. The wind can change direction under the wrong set of circumstances. Thanks for the posting, Ken.

[vjf915 456]

It's good to show your support when our elected officials are doing what we put them in to do, and it's equally important to make them aware of your disagreement when they seem to be straying.

This can't be stressed enough. Just because they are doing what you want, doesn't mean you shouldn't acknowledge it.