Interesting Carry permit denial opinion.

[unclenunzie 3]

http://njlaw.rutgers.edu/collections/courts/appellate/a0269-11.opn.html

 

I picked this up at another forum and thought it would be of interest. A superior court decision (denied) on a NJ carry permit application from a man in NJ who works in dangerous conditions in NYC and has a NYC carry permit. Yes you read that right. Short opinion and worth reading, particularly as it touches on 2A and past NJ case law. And, what I think is for the first time, a court, though tangentially, appears to have no problem with FOPA-type transport of handguns out of state to a place where the person has a carry license.

[diamondd817 827]

Hahaha...we must be visiting the same places

 

 

http://njgunforums.com/forum/index.php?/topic/44030-interesting-nj-carry-case/

[unclenunzie 3]

I win because you quoted me

[Dan 177]

So basically they are saying "Screw you, we will continue to trample on your individual rights until we are forced otherwise by another SCOTUS ruling"

 

The holdings of the New Jersey Supreme Court are binding upon us, and we must follow them unless directed otherwise by that Court or the United State Supreme Court. See State v. J.K., 407 N.J. Super. 15, 20-21 (App. Div.), certif. denied, 200 N.J. 209 (2009); State v. Hill, 139 N.J. Super. 548, 551 (App. Div. 1976). Whether Heller and McDonald warrant re-examination of the State precedents we have cited may be a question for our Supreme Court to consider in an appropriate case. We review the facts of this appeal in accordance with our State precedents and appellant's arguments, which are based exclusively on our State law.

[unclenunzie 3]

I got the impression they were not actually hostile to 2A, and that once the binding precedents, which they MUST follow, are invalidated by higher courts, that they might actually approve it. That being said, I thought the out of state transport was more interesting.

[Dan 177]

Yes you are right, this is the closest thing that I have seen showing LE and the Courts accepting FOPA travel exemptions in NJ when the purpose is to transport a HG across state lines for the purpose of legal CCW/self defense at the destination.

 

Just keep in mind, they are not ruling on this activity, nor has this guy been charged for unlawful possession of a HG while traveling from home to NYC.

 

Regardless, great example that should be used if anyone ever does get in a bind for unlawful possession while traveling under FOPA with a HG to another state for an activity that is not listed in NJ's own travel exemptions!

[unclenunzie 3]

That is exactly what I was thinking. Prior to this dicta I and I know others felt that all we needed was proof of legality of destination in order to be legally protected. Others expressed the need for caution in making such an assumption. The state police web site talks of proof of legality in destination, and as an example an out of state hunting license was mentioned. But a valid out of state carry license should serve equally well, for purposes of NJ law, and this case opinion's dicta seems rather supportive of the idea.

 

disclaimer: I am no lawyer, and what I have said cannot possibly be relied upon by anyone, for any purpose whatsoever. If you need legal advice, which this isn't, go hire a lawyer.

[quikz 34]

This is interesting, but NJ STILL SUX.

[exfed2002 4]

Hahaha...we must be visiting the same places

 

 

 

When working on some cases back in the early 70's, we happened to get into a filing cabinet with the applications for carry permits. Found one issued in a case just like this with the restriction that the applicant could carry an UNLOADED weapon when he was in transit in NJ, and had to load/unload on the NYS side.