FEDERAL JUDGE TRASHES

[hd2000fxdl 422]

FEDERAL JUDGE TRASHES

NJ RIGHT TO CARRY LAWSUIT!

Clinton-Appointee Holds That Second Amendment

Right to Carry a Handgun Doesn’t Exist Outside the Home

Calls Second Amendment a Unique "Privilege”

That Permits Firearms Users to Cause Injury and Death

Appeals to Follow

On Friday, January 13, 2012, a U.S. District Judge sitting in Newark dismissed the ANJRPC / SAF federal lawsuit challenging New Jersey’s extreme and subjective handgun carry laws, which have all but eliminated the right to self defense with a firearm outside the home in the Garden State.

Judge William H. Walls (a Clinton appointee) ruled that "the Second Amendment does not include a general right to carry handguns outside the home.”

Characterizing the Second Amendment, he wrote "t

hat privilege is unique among all other constitutional rights to the individual because it permits the user of a firearm to cause serious personal injury – including the ultimate injury, death – to other individuals, rightly or wrongly.”

In upholding the New Jersey law which effectively denies the right to carry a firearm for self defense outside the home, Judge Walls wrote "the protection of citizens from potentially lethal force is compelling.”

"The judge has it backwards,” said ANJRPC President Scott Bach.

"If he really cared about protecting citizens from lethal force, he wouldn’t be interfering with their constitutional right to defend themselves against violent criminals,” said Bach.

"Ironically, the U.S. Supreme Court has repeatedly held that the police owe no duty to protect individual citizens, so you’re on your own when you step outside your home,” continued Bach.

"This decision wrongly demonizes those who want to take responsibility for their own safety and turns all but a privileged few into helpless victims.”

The full text of Judge Walls’ decision is available

here

.

"The anti-gun bench

hates

the

Heller

decision, so it’s no surprise that some judges will stretch legal interpretation to the breaking point to limit or neutralize

Heller

,” said Bach, referring to the groundbreaking 2008 Supreme Court case which held that the Second Amendment protects an individual right to own handguns.

"The Second Amendment Foundation and ANJRPC are prepared to take this case all the way to the US Supreme Court, where SAF has already won two landmark cases defending the rights of gun owners,” said Alan Gottlieb, Founder of SAF.

Judge Walls’ decision sets the stage for appeals which could bring this case to the U.S. Supreme Court as early as next year.

The case was filed in late 2010 by ANJRPC, the Second Amendment Foundation, and six individual plaintiffs, challenging New Jersey’s unconstitutional "justifiable need” standard for issuance of handgun carry permits – a nearly impossible standard to meet that has all but eliminated the right to self defense with a firearm in the Garden State.

Requiring a showing of "need” to exercise a fundamental right is unconstitutional.

The appeal is expected to be filed later this Winter.

ANJRPC will keep you apprised of major case developments as they occur.

Please watch for future alerts.

[NickC 23]

I wonder how he feels about the castle doctrine.

[SpecialK 193]

This is good! We want this to go to the Supreme Court! The sooner the better.

[axeman_g 128]

Sad but expected. I wonder if Judge Wall actually believes the crap people tell him to think.

[BarkNBite 15]

How would you like to appear before him in a SD case................Geeezzzz.

[njJoniGuy 2,131]

As expected, we've been whack-a-moled, once again

http://anjrpc.site-y...ls_Decision.pdf Here is the Judge's decision, in all its fallacies.

 

It's going to take a while, but WE WILL PREVAIL

[Malsua 1,422]

This is good! We want this to go to the Supreme Court! The sooner the better.

 

Or the supreme court could just refuse to hear it and that's that. Permanently settled.

[greatgunstatenj 32]

Sad but expected. I wonder if Judge Wall actually believes the crap people tell him to think.

 

Sad part is that moron probably came up with it all on his own! lol

[Midwest 28]

Another NJ judge called gun rights and the second amendment a "public convenience".

 

How many of you know that when the 1966 FID law was challenged and stayed.. on August 11 1966 Judge Milton B. Conford rules that "the balance of public convenience is not for interference of enforcement of this statute" . The next day, August 12 1966, the law took effect.

 

I'm still trying to figure out how an Attorney General of NJ in 1966 had the power to lift an restraining order, I thought judges could only do that.

 

September 1966 American Rifleman

http://www.cheaperthandirt.com/Library/BookPage.aspx?bid=FW0000664&sid=183754&pid=1

"The new firearms laws was going to take effect August 02. The Citizens for Firearms legislation and others filed suit against the law on July 22 and a temp restraining order on July 25 which postponed the effective date of the law to Aug. 5. The restraining order was lifted July 29 by application of the Attorney General. Argument for permanent injunction Aug 05 but extended to Aug 11."

[SpecialK 193]

Or the supreme court could just refuse to hear it and that's that. Permanently settled.

 

or we can all find hidden treasure and live like kings for the rest of our lives!

 

if you are going to make up scenarios might as well make them good ones

[Cemeterys Gun Blob 165]

Another NJ judge called gun rights and the second amendment a "public convenience".

 

How many of you know that when the 1966 FID law was challenged and stayed.. on August 11 1966 Judge Milton B. Conford rules that "the balance of public convenience is not for interference of enforcement of this statute" . The next day, August 12 1966, the law took effect.

 

I'm still trying to figure out how an Attorney General of NJ in 1966 had the power to lift an restraining order, I thought judges could only do that.

 

September 1966 American Rifleman

http://www.cheaperth...id=183754&pid=1

"The new firearms laws was going to take effect August 02. The Citizens for Firearms legislation and others filed suit against the law on July 22 and a temp restraining order on July 25 which postponed the effective date of the law to Aug. 5. The restraining order was lifted July 29 by application of the Attorney General. Argument for permanent injunction Aug 05 but extended to Aug 11."

 

What page is this all on?

[Midwest 28]

What page is this all on?

 

 

I did a write up on THR on the history of the FID law, there was a lot of sneaky crap that was pulled back when all the FID was written in 1966. The way the judge ruled then, and the attorney general's actions makes me wonder if there something going on behind the scenes at the time. I did the write up to primarily to try to understand why it passed at all in 1966. I didn't mean to derail this thread, only to illustrate that the sentiment against guns by the officials, judges and politicians goes way back.

[halbautomatisch 60]

This ruling was totally expected............let the appeals begin!

[Fabricator 0]

I really hate this state more and more every day. Let the games begin.

[MrP 81]

This is more or less going as planned, NJ just doesn't seem to realize it yet! The only way things will change is if SCOTUS drags NJ kicking and screaming.

[Daedalus 19]

It matters not an iota.

 

Had he found for SAF the state would immediately file for an injunction pending appeal. Nothing changes. The state prevailed so nothing changes. Maybe it will be heard on appeal and upheld. If the SCOTUS declines to hear the case, which is likely, we have been rolled up and put away forever. Let the messiah get another member or two on the court and the entire country can follow NJ.

 

Yes, this sucks. I'm beginning to think relocation to a 3rd world country where there are no laws may be the only answer--at least until one world order takes over.

[areacode201 4]

This is more or less going as planned, NJ just doesn't seem to realize it yet! The only way things will change is if SCOTUS drags NJ kicking and screaming.

This is exactly right.

[Anselmo 87]

The judge's decision is written in easy to understand language and I recommend all to read it. And read more than the first 2 pages.

 

The judge is basically saying, in my opinion, "I don't know if 2A applies outside the home. A review of recent SCOTUS and circuit court cases says handguns are legal in the house, property and business but don't address outside the house. Therefore, I'm going to break any new ground. The judge quotes higher court cases to basically say, if they're not going to tackle this issue, neither am I."

 

Describing the scope of

Second Amendment rights as “a vast terra incognita,” the majority explained that

there “may or may not be a Second Amendment right in some places beyond the

home, but we have no idea what those places are” or even “what the criteria for

selecting them should be . . . .” Id. Declining to “break ground that our superiors

have not tread,” the majority noted that it was “not far-fetched to think” that Heller

intentionally left open the applicability of the Second Amendment outside the home

because the dangers of accidentally formulating the right to bear arms too broadly

“would rise exponentially as one moved the right from the home to the public

square.” Id. at 475–76.

[KpdPipes 388]

How would you like to appear before him in a SD case................Geeezzzz.

 

U.S. District Judge

He doesnt hear those kinds of cases..different level entirely.... That saide, After NY's case was dismissed for the EXACT SAME THING, did anyone here REALLY think that this was going to go any differently?? Now it's in Alan Gura's hands, and SCOTUS's. Y'all had just better home that none of the current justices on OUR side croaks while Obama is president before this is heard.

[Shawnmoore81 623]

What these high and mighty judges need is something to happen to them. Either get mugged, assaulted or something along that line. Problem is I think judges can carry

[Cemeterys Gun Blob 165]

This is more or less going as planned, NJ just doesn't seem to realize it yet! The only way things will change is if SCOTUS drags NJ kicking and screaming.

 

SCOTUS may only help if we get the case there ASAP, if Obama replaces another Justice, then we'll be hoping nothing else gets presented to them.

[Cemeterys Gun Blob 165]

 

 

I did a write up on THR on the history of the FID law, there was a lot of sneaky crap that was pulled back when all the FID was written in 1966. The way the judge ruled then, and the attorney general's actions makes me wonder if there something going on behind the scenes at the time. I did the write up to primarily to try to understand why it passed at all in 1966. I didn't mean to derail this thread, only to illustrate that the sentiment against guns by the officials, judges and politicians goes way back.

 

You should post it here as well.

[diamondd817 827]

"that privilege is unique among all other constitutional rights to the individual because it permits the user of a firearm to cause serious personal injury – including the ultimate injury, death – to other individuals, rightly or wrongly.”

 

It does not "PERMIT" the user to cause injury or death. It permits the the user to defend themselves. Does he interperet the 2A as a free pass to just go shooting people? Then what would the difference be if you did it in your home or on the street?

 

"Judge Walls’ decision sets the stage for appeals which could bring this case to the U.S. Supreme Court as early as next year."

 

Next Year! it's only the begining of this year.

[Midwest 28]

You should post it here as well.

 

(Repost of the THR article I wrote)

 

 

 

When did New Jersey become so anti-gun ? The background

 

This is an update and expanded write up of an original post I did in the njgunforums.com about the history of the New Jersey Gun laws. I had some requests for more information at the Activist section here on THR. I figure that I would publish it here to get more people looking at it.

 

My hope is to somehow understand why and how something like this happened in the first place with hope it never happens again elsewhere. More importantly, perhaps this research might help out our brothers and sisters in New Jersey to regain their second amendment rights. The law went into effect in 1966, two years before the National Gun Control Act of 1968 and ultimately affected many people, even those that live in other states.

 

(To those who might be unfamiliar with New Jersey's gun laws). The 1966 law required law abiding citizens to apply for a permit at their police station, under go a background check, have their fingerprints taken, have their mental health history given out, character references as well as fees and long waits from 30 days or much longer to get the permit. The permit will let you buy long guns, BB guns and muzzle loaders. A separate handgun purchase permit is needed for each pistol including BB gun pistols and black powder pistols. Obtaining a carry permit for the average law abiding citizen is impossible.

 

 

(UPDATE Jan 14 2012... I found a reference in a forum that alleges the black powder gun restrictions might have been later under Governor Tom Kean and may not have been in 1966. Perhaps one of the members here might want to clear that up, that would be great if you can include the date and Bill number is possible.)

 

I have been studying gun laws for awhile, among the areas I been focusing on is on the New Jersey's gun laws. Among the reasons I focused on NJ was due to the unusual and very draconian nature of the law. It was called (among other things) The 'Sills Act of 1966'.

 

Remember, this was two years before 1968 GCA and while gun enthusiasts in the rest of the country were still able to have mail order deliveries of rifles and pistols. New Jersey hoisted upon its citizens what amounted to a martial law approach to firearms laws.

 

 

Information on the Sills Act is very difficult to come by. Part of the problem when researching this is that internet searches on the Sills Act, the 1966 NJ FID, NJ Gun Control act of 1966 only seems to only bring up the famous Burton versus Sills challenge and eventual decision of 1968. Further complicating the issue is when new laws are amended, they are replaced with the new wording. Finding the correct original wording even with the right original law number does not turn up the correct results. Looking up something under chapter 60 of the Laws of NJ 1966, yields nothing and the 2A prefix only brings up current 2C statutes.

 

Very recently I found a great source that explained what was going on at the time. There was a mention of Legislative Alerts as early as February 1966 to NRA members that something was on the horizon in New Jersey. (I do not have the legislative updates but only references to it). A February 1966 alert could imply that the process for this new legislation was maybe even started earlier, perhaps late 1965. (Maybe one of our members here could shed more light on this?).

 

The Sills Act of 1966, was named after Attorney General of NJ, Arthur J. Sills but actually seems to have started as NJ Assembly Bill 165 by Maurice V. Brady.

 

 

March 1966 American Rifleman (What The Law Makers Are Doing)

http://www.cheaperthandirt.com/Libra...d=183754&pid=1

 

Assembly Bill 165 by Maurice V. Brady....."Prohibits the sale and purchase of firearms in certain cases, prescribes standards for dealer registration, obtaining permits and identification cards"

 

April 1966 American Rifleman -Senate Bill 232 by Ned Parsekian (same as Assembly Bill 165)

 

July 1966 American Rifleman (What The Law Makers Are Doing) Page 22

 

http://www.cheaperthandirt.com/Libra...=183755&pid=91

 

Assembly Bill 165 called the "Sills Bill" after Arthur Sills the AG of NJ was signed into law by New Jersey Governor Hughes on June 3 1966. The bill was passed 34-23 May 16. In the Senate 16-12. The reasons behind the passage of the law was a 'bipartisan effort' and due to a fatal shooting of a NJ trooper by an out of state ex-convict.

 

The same disqualifications that appear today for the FID appeared then as well with the additional disqualification is if a person was a member of a 'subversive' group.

 

Interestingly those under 18 could qualify for the card with permission of the guardian and passed a hunter safety course.

 

There was a provision that specifically provides that a license was needed to carry a handgun openly or concealed or in a vehicle....shall not apply to members of DCM enrolled clubs in going to or from target practice, provided that a copy of the club charter with the members was filed with the Superintendent of State Police annually.

 

Those who had a hunting license in going to and from hunting as well as those going to target practice was exempted from the carry law as well (according to the article).

 

(This implies that before this law, open carry in New Jersey was tolerated in some areas. While a license was needed for conceal carry since about 1924. The exemption for target practice and hunting seem to imply that open and concealed carry was tolerated for these purposes after the act was in place. Open carry in NJ was mentioned in some of the posts I have run across in various forums in my research.)

 

There also was another bill to counter Assembly Bill 165 with a more 'reasonable approach' it was written by the "Citizens Committee to Firearms Legislation" and that was Assembly Bill 789. And there was an identical bill in the Senate Bill 436. I do not have the details of this legislation.

 

Already there was an effort to repeal the new firearms act, it was Assembly Bill 864. It was sponsored by Douglas E. Gimson and Joseph J. Maraziti. It was referred to the Senate Committee on law and Public Safety.

 

 

September 1966 American Rifleman

http://www.cheaperthandirt.com/Libra...d=183754&pid=1

"The new firearms laws was going to take effect August 02. The Citizens for Firearms legislation and others filed suit against the law on July 22 and a temp restraining order on July 25 which postponed the effective date of the law to Aug. 5. The restraining order was lifted July 29 by application of the Attorney General. Argument for permanent injunction Aug 05 but extended to Aug 11."

 

Second Amendment is a Public Convenience?

 

August 11 1966 Judge Milton B. Conford rules that "the balance of public convenience is not for interference of enforcement of this statute" . The next day, August 12 1966, the law took effect.

 

(This statement is the sole basis for overturning the stay! Where was the reason, citing prior legal decisions and/or cases that the judge could use for overturning the stay? At what point does the second amendment no longer applies to citizens of a State of the Union? Perhaps, because 1947 Constitutional Convention in NJ that left out the second amendment was the judge's basis for overturning the stay...because the second amendment was no longer in the state constitution?)

 

 

In the December 1966 American Rifleman, there was a comprehensive write up on the NJ law. The article is called "Strangulation By Law In New Jersey" by Ashley Halsey Jr. If you have a chance to read the whole article, please do.

 

 

Where was the opposition?

 

 

According the article, "Citizens Committee for Firearms Legislation" headed by NRA Executive Committeeman Louis A. Benton and composed of hunters, shooters, collectors and article goes on to state that Council For The Citizens Committee (State Senator William Ozzard) will argue on December 15 1966 in Superior Court that the whole law should be thrown out because it violates the Second Amendment right to bear arms and interferes with interstate commerce.

 

 

Believe it or not the ACLU was opposed to the law as well! A separate suit was filed in Freehold, the county chairman of the ACLU contended the law violates the Fifth Amendment by requiring applicants for firearms permits to state whether they belonged to so called subversive organizations. The suit was thrown out.

 

 

Also opposing the new law were firearms dealers and they complained that their 'sales have slumped and some were laying off clerks'... (Since this was before the 1968 GCA comes this very telling statement)...."In addition, roadside stands had been set up in nearby states to serve New Jersey buyers". So NJ residents could just travel and bypass the FID law, that is of course until the 1968 GCA became law.

 

 

There was yet another challenge to the law in Burton Vs Sills and in 1968 the law was allowed to stand. I don't know why this information wasn't more easily found on the internet. The law affected a lot of people, not just the residents of NJ. But also those who have visited the State or just passed through it. The law inspired Illinois to pass its FOID law as well as Massachusettes with its own FID law. It was two more years before the 1968 GCA would have been signed into law. Despite the opposition...the politicians won and the law abiding people lost.

 

 

More research is needed to see if there were any attempts to challenge the Sills Act of 1966 after the unsucessful Burton vs Stills 1968 challenge. Another valid argument for repealing the Sills Act would have been when the 1968 Gun Control Act became law. Replacing the Sills Act and thus using the 1968 GCA as New Jersey's primary firearms law would have made the most logical choice at the time...and still does today.

 

Hope for the future

 

I wish the fine people of New Jersey good luck in regaining their second amendment rights. Besides the hope of HR 822 for the citizens of the good State, the old 'outdated' 1966 Sills Act should just be replaced with the 1968 GCA and in turn will restore gun rights to the law abiding gun owners through out that fine state.

 

In addition it will save the State of NJ a ton of money in paperwork and shift law enforcement from behind the desks and back to the streets where they are needed the most. Replacing the Sills gun control Act of 1966 would finally bring New Jersey into the 21st Century and hopefully join the other free states out there.

 

 

Midwest

[KpdPipes 388]

"that privilege is unique among all other constitutional rights to the individual because it permits the user of a firearm to cause serious personal injury – including the ultimate injury, death – to other individuals, rightly or wrongly.”

 

It does not "PERMIT" the user to cause injury or death. It permits the the user to defend themselves. Does he interperet the 2A as a free pass to just go shooting people? Then what would the difference be if you did it in your home or on the street?

 

"Judge Walls’ decision sets the stage for appeals which could bring this case to the U.S. Supreme Court as early as next year."

 

Next Year! it's only the begining of this year.

 

That is actually VERY fast....SCOTUS only hears a realtively FEW cases every year, coming from 11 districts that compromise the 50 States, DC, PR, VI, Guam, and MP. Usually it's a couple of YEARS wait to get a case in front of SCOTUS.

[KpdPipes 388]

Midwest, there's probably no way you COULD fins the information on original wording online. They do EXIST, however, you would have to physically go to one of the Law Libraries. and hand pull the old books, to read how the statutes were written. Usually however they ALSO have the relevant caselaw from any court proceedings as well.

[KpdPipes 388]

Another NJ judge called gun rights and the second amendment a "public convenience".

 

How many of you know that when the 1966 FID law was challenged and stayed.. on August 11 1966 Judge Milton B. Conford rules that "the balance of public convenience is not for interference of enforcement of this statute" . The next day, August 12 1966, the law took effect.

 

I'm still trying to figure out how an Attorney General of NJ in 1966 had the power to lift an restraining order, I thought judges could only do that.

 

September 1966 American Rifleman

http://www.cheaperth...id=183754&pid=1

"The new firearms laws was going to take effect August 02. The Citizens for Firearms legislation and others filed suit against the law on July 22 and a temp restraining order on July 25 which postponed the effective date of the law to Aug. 5. The restraining order was lifted July 29 by application of the Attorney General. Argument for permanent injunction Aug 05 but extended to Aug 11."

 

It wasnt lifted by the AG it was lifted by a judge after the AG Applied for the Lift.

[hd2000fxdl 422]

SCOTUS may only help if we get the case there ASAP, if Obama replaces another Justice, then we'll be hoping nothing else gets presented to them.

 

I was also under this impression and not sure if the facts are correct, but out of the people who are there, the ones that are on the pro side and the votes we would need have no plans on going anywhere at this time. Now the 1 that may need to be replaced, or other that may go during the next presidential term are on the anti side. So if thats true, it may not have an effect on the outcome of the case being heard now or during the next presidential term. Again, just some info I heard last week at the NJ2AS meeting, at least I think I heard that.

[Cemeterys Gun Blob 165]

(Repost of the THR article I wrote)

 

 

 

When did New Jersey become so anti-gun ? The background

 

This is an update and expanded write up of an original post I did in the njgunforums.com about the history of the New Jersey Gun laws. I had some requests for more information at the Activist section here on THR. I figure that I would publish it here to get more people looking at it.

 

My hope is to somehow understand why and how something like this happened in the first place with hope it never happens again elsewhere. More importantly, perhaps this research might help out our brothers and sisters in New Jersey to regain their second amendment rights. The law went into effect in 1966, two years before the National Gun Control Act of 1968 and ultimately affected many people, even those that live in other states.

 

(To those who might be unfamiliar with New Jersey's gun laws). The 1966 law required law abiding citizens to apply for a permit at their police station, under go a background check, have their fingerprints taken, have their mental health history given out, character references as well as fees and long waits from 30 days or much longer to get the permit. The permit will let you buy long guns, BB guns and muzzle loaders. A separate handgun purchase permit is needed for each pistol including BB gun pistols and black powder pistols. Obtaining a carry permit for the average law abiding citizen is impossible.

 

 

(UPDATE Jan 14 2012... I found a reference in a forum that alleges the black powder gun restrictions might have been later under Governor Tom Kean and may not have been in 1966. Perhaps one of the members here might want to clear that up, that would be great if you can include the date and Bill number is possible.)

 

I have been studying gun laws for awhile, among the areas I been focusing on is on the New Jersey's gun laws. Among the reasons I focused on NJ was due to the unusual and very draconian nature of the law. It was called (among other things) The 'Sills Act of 1966'.

 

Remember, this was two years before 1968 GCA and while gun enthusiasts in the rest of the country were still able to have mail order deliveries of rifles and pistols. New Jersey hoisted upon its citizens what amounted to a martial law approach to firearms laws.

 

 

Information on the Sills Act is very difficult to come by. Part of the problem when researching this is that internet searches on the Sills Act, the 1966 NJ FID, NJ Gun Control act of 1966 only seems to only bring up the famous Burton versus Sills challenge and eventual decision of 1968. Further complicating the issue is when new laws are amended, they are replaced with the new wording. Finding the correct original wording even with the right original law number does not turn up the correct results. Looking up something under chapter 60 of the Laws of NJ 1966, yields nothing and the 2A prefix only brings up current 2C statutes.

 

Very recently I found a great source that explained what was going on at the time. There was a mention of Legislative Alerts as early as February 1966 to NRA members that something was on the horizon in New Jersey. (I do not have the legislative updates but only references to it). A February 1966 alert could imply that the process for this new legislation was maybe even started earlier, perhaps late 1965. (Maybe one of our members here could shed more light on this?).

 

The Sills Act of 1966, was named after Attorney General of NJ, Arthur J. Sills but actually seems to have started as NJ Assembly Bill 165 by Maurice V. Brady.

 

 

March 1966 American Rifleman (What The Law Makers Are Doing)

http://www.cheaperthandirt.com/Libra...d=183754&pid=1

 

Assembly Bill 165 by Maurice V. Brady....."Prohibits the sale and purchase of firearms in certain cases, prescribes standards for dealer registration, obtaining permits and identification cards"

 

April 1966 American Rifleman -Senate Bill 232 by Ned Parsekian (same as Assembly Bill 165)

 

July 1966 American Rifleman (What The Law Makers Are Doing) Page 22

 

http://www.cheaperthandirt.com/Libra...=183755&pid=91

 

Assembly Bill 165 called the "Sills Bill" after Arthur Sills the AG of NJ was signed into law by New Jersey Governor Hughes on June 3 1966. The bill was passed 34-23 May 16. In the Senate 16-12. The reasons behind the passage of the law was a 'bipartisan effort' and due to a fatal shooting of a NJ trooper by an out of state ex-convict.

 

The same disqualifications that appear today for the FID appeared then as well with the additional disqualification is if a person was a member of a 'subversive' group.

 

Interestingly those under 18 could qualify for the card with permission of the guardian and passed a hunter safety course.

 

There was a provision that specifically provides that a license was needed to carry a handgun openly or concealed or in a vehicle....shall not apply to members of DCM enrolled clubs in going to or from target practice, provided that a copy of the club charter with the members was filed with the Superintendent of State Police annually.

 

Those who had a hunting license in going to and from hunting as well as those going to target practice was exempted from the carry law as well (according to the article).

 

(This implies that before this law, open carry in New Jersey was tolerated in some areas. While a license was needed for conceal carry since about 1924. The exemption for target practice and hunting seem to imply that open and concealed carry was tolerated for these purposes after the act was in place. Open carry in NJ was mentioned in some of the posts I have run across in various forums in my research.)

 

There also was another bill to counter Assembly Bill 165 with a more 'reasonable approach' it was written by the "Citizens Committee to Firearms Legislation" and that was Assembly Bill 789. And there was an identical bill in the Senate Bill 436. I do not have the details of this legislation.

 

Already there was an effort to repeal the new firearms act, it was Assembly Bill 864. It was sponsored by Douglas E. Gimson and Joseph J. Maraziti. It was referred to the Senate Committee on law and Public Safety.

 

 

September 1966 American Rifleman

http://www.cheaperthandirt.com/Libra...d=183754&pid=1

"The new firearms laws was going to take effect August 02. The Citizens for Firearms legislation and others filed suit against the law on July 22 and a temp restraining order on July 25 which postponed the effective date of the law to Aug. 5. The restraining order was lifted July 29 by application of the Attorney General. Argument for permanent injunction Aug 05 but extended to Aug 11."

 

Second Amendment is a Public Convenience?

 

August 11 1966 Judge Milton B. Conford rules that "the balance of public convenience is not for interference of enforcement of this statute" . The next day, August 12 1966, the law took effect.

 

(This statement is the sole basis for overturning the stay! Where was the reason, citing prior legal decisions and/or cases that the judge could use for overturning the stay? At what point does the second amendment no longer applies to citizens of a State of the Union? Perhaps, because 1947 Constitutional Convention in NJ that left out the second amendment was the judge's basis for overturning the stay...because the second amendment was no longer in the state constitution?)

 

 

In the December 1966 American Rifleman, there was a comprehensive write up on the NJ law. The article is called "Strangulation By Law In New Jersey" by Ashley Halsey Jr. If you have a chance to read the whole article, please do.

 

 

Where was the opposition?

 

 

According the article, "Citizens Committee for Firearms Legislation" headed by NRA Executive Committeeman Louis A. Benton and composed of hunters, shooters, collectors and article goes on to state that Council For The Citizens Committee (State Senator William Ozzard) will argue on December 15 1966 in Superior Court that the whole law should be thrown out because it violates the Second Amendment right to bear arms and interferes with interstate commerce.

 

 

Believe it or not the ACLU was opposed to the law as well! A separate suit was filed in Freehold, the county chairman of the ACLU contended the law violates the Fifth Amendment by requiring applicants for firearms permits to state whether they belonged to so called subversive organizations. The suit was thrown out.

 

 

Also opposing the new law were firearms dealers and they complained that their 'sales have slumped and some were laying off clerks'... (Since this was before the 1968 GCA comes this very telling statement)...."In addition, roadside stands had been set up in nearby states to serve New Jersey buyers". So NJ residents could just travel and bypass the FID law, that is of course until the 1968 GCA became law.

 

 

There was yet another challenge to the law in Burton Vs Sills and in 1968 the law was allowed to stand. I don't know why this information wasn't more easily found on the internet. The law affected a lot of people, not just the residents of NJ. But also those who have visited the State or just passed through it. The law inspired Illinois to pass its FOID law as well as Massachusettes with its own FID law. It was two more years before the 1968 GCA would have been signed into law. Despite the opposition...the politicians won and the law abiding people lost.

 

 

More research is needed to see if there were any attempts to challenge the Sills Act of 1966 after the unsucessful Burton vs Stills 1968 challenge. Another valid argument for repealing the Sills Act would have been when the 1968 Gun Control Act became law. Replacing the Sills Act and thus using the 1968 GCA as New Jersey's primary firearms law would have made the most logical choice at the time...and still does today.

 

Hope for the future

 

I wish the fine people of New Jersey good luck in regaining their second amendment rights. Besides the hope of HR 822 for the citizens of the good State, the old 'outdated' 1966 Sills Act should just be replaced with the 1968 GCA and in turn will restore gun rights to the law abiding gun owners through out that fine state.

 

In addition it will save the State of NJ a ton of money in paperwork and shift law enforcement from behind the desks and back to the streets where they are needed the most. Replacing the Sills gun control Act of 1966 would finally bring New Jersey into the 21st Century and hopefully join the other free states out there.

 

 

Midwest

 

Thanks for for researching and sharing.

 

This history lesson should be stickied for everybody to read when they wonder how and why this state sux so much......

[KpdPipes 388]

I was also under this impression and not sure if the facts are correct, but out of the people who are there, the ones that are on the pro side and the votes we would need have no plans on going anywhere at this time. Now the 1 that may need to be replaced, or other that may go during the next presidential term are on the anti side. So if thats true, it may not have an effect on the outcome of the case being heard now or during the next presidential term. Again, just some info I heard last week at the NJ2AS meeting, at least I think I heard that.

 

Oh Agreed..that said.. Scalia isnt getting any younger....AS much as I despise Romney i may have to (once again) hold my nose and vote for him, because at this point for the POYUS election ANYONE but OBama needs to be the watchword. Look, Romney isnt a conservative by ANY lights, and there's no guarantee he'll put a constructionalist ontp the court, but we KNOW what Obama will put on the court, and Kagan and Soto-Mayor both have stated their displeasure with the results of McDonald and Heller.