Gun Group’s Pre-emption and Due Process Challenges to “One Gun Law” are Shot Down

[reloaderguy 30]

Don't know if this is a dupe but 3rd circuit rules in NJ one gun a month case!

 

http://appellatelaw-nj.com/gun-groups-pre-emption-and-due-process-challenges-to-one-gun-law-are-shot-down/

[papercutninja 24]

So this is what the ANJRPC has been working so hard on? *sigh*

[RubberBullets 65]

Perhaps I am reading it wrong but they placed partial weight of argument of the OGAM restriction on BB/Paint Guns and air rifles??

[Vlad G 345]

it is pretty clear to me that ANJRPC is pretty much useless. Mind you, the judges were idiots too,

[71ragtopgoat 23]

it is pretty clear to me that ANJRPC is pretty much useless. Mind you, the judges were idiots too,

Well there trying. But I'm thankful we have SAF duking it out in this state as well.

[papercutninja 24]

Perhaps I am reading it wrong but they placed partial weight of argument of the OGAM restriction on BB/Paint Guns and air rifles??

 

No, they put the ENTIRE weight of it on BB/paint guns and air rifles. Probably the weakest argument, ever.

[Chvl67 0]

”add further requirements that are so onerous as to deprive Appellants of any property interest they may have in the exemptions.”

Really? I'd like to see him attempt this process without any outside influence due to his position.

 

 

"The One Gun Law was not a “complete prohibition” or even a “de facto prohibition.” As a mere “regulation” of those weapons, the One Gun Law was not pre-empted by the federal statute."

Again--really? How is it not a de facto prohibition?

[RubberBullets 65]

No, they put the ENTIRE weight of it on BB/paint guns and air rifles.

 

Man I had hoped there was more to it than that. sigh

[NicePants 58]

They should have put more of their argument into the fact that this is a restriction on a Constitutional right and that it sets precedent for EVERY SINGLE OTHER right outlined in the bill of rights to be so regulated. How about "One comment disagreeing with the government per month?" or "One warranted search of your premises per month (After which they can search it as much as they damn please)?"

 

Of course, even with that they probably would have ruled against it. This government is nearing the ninth circle of hell.

[Pythagoras 2]

Maybe the word "groundless" has a different meaning than I thought.

 

It's not a regulation, it's a restriction. And a restriction is an infringement. Period.

[quikz 34]

Well, at least we all know which Circuit is amongst the Most Corrupt in this country, or whats left of it.

[reloaderguy 30]

Maybe the word "groundless" has a different meaning than I thought.

 

It's not a regulation, it's a restriction. And a restriction is an infringement. Period.

 

SCOTUS already ruled that states have a right to impose reasonable restrictions. Do I like it? No! I've said it once and I'll say it again. The ONLY way around this crap is if everyone in this and every other state starts a militia in which case SCOTUS has already ruled that these laws with weapons and mag capacity and all this other crap is unconstitutional if people are part of a militia in which case are are protected!

[Pythagoras 2]

Well, reloaderguy, I guess reasonable means something different to them.

 

But I accept your proposal. Let's start a NJ militia, sworn to protect the Constitution from all enemies, foreign and domesticv.

 

Actually, aren't we already defined as part of NJ militia just because we're males between 17 and 45, or abled-bodied regardless of age? Pretty sure the NJ state code (sorry, no cite because on my phone) already says I'm part of the NJ militia, "unorganized" division.

 

So by that logic, I'm part of a legally recognized military force and should be entitled to full auto weapons as well. Will update with citation when I get home.

[RubberBullets 65]

Well, reloaderguy, I guess reasonable means something different to them.

 

But I accept your proposal. Let's start a NJ militia, sworn to protect the Constitution from all enemies, foreign and domesticv.

 

Actually, aren't we already defined as part of NJ militia just because we're males between 17 and 45, or abled-bodied regardless of age? Pretty sure the NJ state code (sorry, no cite because on my phone) already says I'm part of the NJ militia, "unorganized" division.

 

So by that logic, I'm part of a legally recognized military force and should be entitled to full auto weapons as well. Will update with citation when I get home.

 

This just in: Democrat Joe Cryan has just introduced legislation to amend the NJ constitution to remove the need for a militia from its citizens.

 

[mcbethr 42]

But I accept your proposal. Let's start a NJ militia, sworn to protect the Constitution from all enemies, foreign and domesticv.

 

[johnott 5]

Let's not forget that Supreme Court Decisions can be reversed... it has been known to happen.

 

If only the right court case came before them, they may have to turn around and affirm the "do not infringe" portion of the Second Amendment. (...I have a dream.)

[Pythagoras 2]

 

 

This just in: Democrat Joe Cryan has just introduced legislation to amend the NJ constitution to remove the need for a militia from its citizens.

 

 

I really hope you're joking.... I'm inclined to believe it must be little known, otherwise it would have been used as a defense before because it renders every gun restriction moot

[RubberBullets 65]

 

I really hope you're joking.... I'm inclined to believe it must be little known, otherwise it would have been used as a defense before because it renders every gun restriction moot

 

Yes im joking.. but of course it seems all too possible... pesky laws and rights already on the books getting in the way of political will? Well why dont we just change the laws to suit our purpose.

[Pythagoras 2]

 

Well why dont we just change the laws to suit our purpose.

 

They're trying.....

[Naleman 0]

You know.. its not a stupid idea to start a civilian milita.. just sayin

 

Sent from my SCH-I535 using Tapatalk 2

 

 

[raz-0 1,259]

You know.. its not a stupid idea to start a civilian milita.. just sayin

 

Sent from my SCH-I535 using Tapatalk 2

 

Until they decide that makes it easy to hit you up with conspiracy charges. Or just to whack you with rico.

[Pythagoras 2]

I hear what you're saying, but here's my response to anyone who feels that way:

 

Conspiracy charges? But the Second Amendment says "A well-regulated militia [is] necessary to the security of a free state." Constitutional Right, chump!

[Chvl67 0]

I hear what you're saying, but here's my response to anyone who feels that way:

 

Conspiracy charges? But the Second Amendment says "A well-regulated militia [is] necessary to the security of a free state." Constitutional Right, chump!

And then they classify it as an "organization to overthrow the government", and put everyone on a watchlist, and revoke FID's...

[Wile E Coyote 0]

This court challenge seems like a waste of time and effort to me. From my limited fluency in legalese I gather they were simply trying to get OGAM to be removed from BB/airsoft gun transfers. Would there be anyone on this forum or even in the state that would be jumping for joy if they won? Doubtful.

[Pythagoras 2]

This court challenge seems like a waste of time and effort to me. From my limited fluency in legalese I gather they were simply trying to get OGAM to be removed from BB/airsoft gun transfers. Would there be anyone on this forum or even in the state that would be jumping for joy if they won? Doubtful.

 

I'm also surprised by the focus on BB guns. I think removal of "justifiable need" to carry is a more pressing concern, but I'm not familiar with this organization or its specific goals.

[djg0770 481]

Initially the suit was brought because there was no exemption process. After the AG and NJSP hustled and got the exemption process in place, they had to remake the lawsuit.

 

It's really not any different than what the state did with the guy who was kidnapped twice and was refused a carry permit until he was one of the subjects of a lawsuit, then all of a sudden he was granted his carry permit.

 

The government is picking and choosing, and we're all bent over waiting for our 'turn'.

[Wile E Coyote 0]

Initially the suit was brought because there was no exemption process. After the AG and NJSP hustled and got the exemption process in place, they had to remake the lawsuit.

 

It's really not any different than what the state did with the guy who was kidnapped twice and was refused a carry permit until he was one of the subjects of a lawsuit, then all of a sudden he was granted his carry permit.

 

The government is picking and choosing, and we're all bent over waiting for our 'turn'.

 

Alright now it makes a whole lot more sense. While they might have lost the suit, I wouldn't call it a failure if it forced the state to write exemptions into the law