Macdonald and NJ not perfect together?

[PeteF 1,044]

Since in Macdonald the SCOTUS ruled that the right to keep arms is a right of the people, not the state.

And since NJ firearm laws make all firearms illegal except in carved out exemptions,

 

Does anyone know of a lawsuit against NJ to overturn the law / force it to be rewritten?

 

A think it would be a giant step in the right direction, if instead of the law abiding citizen having to prove he is doing nothing illegal,

to law enforcement / prosecution having to prove a law was broken.

[intercooler 41]

nope...anjrpc has a R2C suit, but that is it.

[NicePants 58]

I agree. They should work on this. And the state constitution needs to be amended as well.

[222 3]

McDonald v. Chicago is about 14th amendment due process incorporation. (1)

It incorporated the Second Amendment interpretation from DC. v Heller. (2)

 

About the only thing Heller provided is handguns are arms, banning is bad, and regulations inside the home (like unloaded, disassembled, trigger locked) is bad.

 

Court opinion available below. Syllabus you may find helpful, like point 2. Also you may find interesting the language regarding "common use."

 

If court doctrine will continue to evolve around "common use", the best way to protect 2A is to introduce a friend to the sport and promote friendly "get-to-know" firearm courses and events. In recent years gun ownership has shrunk as a percentage of population. A big part of the problem, especially in New Jersey, is the lack of social events by gun owners and gun clubs and the lack of avenues whereby folks may be introduced to the sport. To teens it's all TV and Mall and Movies and Internet and Video Games.

 

http://en.wikipedia.org/wiki/McDonald_v._Chicago

http://en.wikipedia.org/wiki/District_of_Columbia_v._Heller

http://www.supremecourt.gov/opinions/07pdf/07-290.pdf

[PeteF 1,044]

McDonald v. Chicago is about 14th amendment due process incorporation. (1)

It incorporated the Second Amendment interpretation from DC. v Heller. (2)

 

About the only thing Heller provided is handguns are arms, banning is bad, and regulations inside the home (like unloaded, disassembled, trigger locked) is bad.

 

Court opinion available below. Syllabus you may find helpful, like point 2. Also you may find interesting the language regarding "common use."

 

My point exactly. Since gun ownership has been found to be a right (like Duh). And incorporated against the states. This makes NJ's "all guns are illegal except" position blatantly unconstitutional.

Seems like low hanging fruit to me.

 

A big part of the problem, especially in New Jersey, is the lack of social events by gun owners and gun clubs and the lack of avenues whereby folks may be introduced to the sport. To teens it's all TV and Mall and Movies and Internet and Video Games.

OBRPC and CJRPC almost continuously have events to draw in new shooters, and also to challenge more advanced shooters.

[intercooler 41]

yes, but you miss the fact that NJ has been and always will be a lost cause in the eyes of any of the NRA/SAF or other groups involved with the second amendment. We have been effectively brain washed here as a society and that isn't gonna change.

NJ is never gonna have right to carry, never gonna have no AWB nor will it ever embrace firearms ownership....no matter how we feel

[NicePants 58]

yes, but you miss the fact that NJ has been and always will be a lost cause in the eyes of any of the NRA/SAF or other groups involved with the second amendment. We have been effectively brain washed here as a society and that isn't gonna change.

NJ is never gonna have right to carry, never gonna have no AWB nor will it ever embrace firearms ownership....no matter how we feel

 

Do you truly feel so defeated, friend? I'm sure the people in Illinois felt the same, but they managed to fight back against an extremely restrictive ban twice in the past weeks, and they will be adopting carry in the near future. Are we so different? Yes, it is difficult to pierce that veil of misinformation they hang over everyone, but the truth is on our side.

[intercooler 41]

Do you truly feel so defeated, friend? I'm sure the people in Illinois felt the same, but they managed to fight back against an extremely restrictive ban twice in the past weeks, and they will be adopting carry in the near future. Are we so different? Yes, it is difficult to pierce that veil of misinformation they hang over everyone, but the truth is on our side.

they will be adopting our laws...laws that have been affirmed and not beaten...

am i defeated? nope..i plan on moving as soon as possible out of this stalag to the free world.

[BigHayden 77]

I agree. They should work on this. And the state constitution needs to be amended as well.

 

There's the problem. Constitutional amendments have to be put forth by a majority in the legislature. We don't have referendum and initiative in NJ; our lords and masters have made sure of that.