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NJ2AS Statement Regarding The Legal Warning Issued June 24, 2013

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June 24, 2013 - TRENTON

The New Jersey Second Amendment Society, together with other Garden State based Second Amendment -related organizations has served legal notice on Assembly Speaker Sheila Oliver. This warning states that impending action on several firearm-related bills would be invalid and subject to legal challenge as a result of illegal vote-rigging in an Assembly committee earlier this month. The rules that have been violated are as follows:



  • Assembly Rule 12:3: After a roll call vote has commenced, no motion is in order until the results are announced by the Speaker.
  • Assembly Rule 10:6: Each committee may adopt rules for its operation and conduct of business, including rules governing the operation and conduct of any subcommittee, provided the rules are consistent with these rules.
  • Assembly Rule 10:22. Bills and resolutions reported by any committee in violation of these rules shall not be considered for third reading or final action.
 
On June 6, 2013, during a hearing of the Assembly Law and Public Safety Committee, a gun control package (bill A4182) failed during the roll call vote. Committee Chairman Charles Mainor aborted the roll call vote after 9 of 11 votes had been cast.  NJ Assembly rule 12:3 states that once a roll call vote begins, no further action can be taken until the results are announced. Instead of completing the vote, ASM Mainor announced he was holding the bill, despite Republican committee members’ objections.
 
In further violation of Assembly rules, bill A4182 was then transferred to the Assembly Budget Committee where a Democrat majority could control the outcome. Eleven days later, the Budget Committee voted to release the bill.
 
The bill in question is A4182, a 42-page omnibus piece of legislation that restricts all legal firearms owners with no impact on crime or criminals. This bill voids all current firearms ID cards and replaces them with either a privacy invading endorsement on the holder’s NJ drivers license, or other form of identification yet to be determined. It suspends Second Amendment rights absent proof of firearms training, imposes a 7-day waiting period for handgun purchases by licensed firearms owners, eliminates private sales between licensed firearms owners, and creates a registry of all ammunition purchases and long gun sales by licensed gun owners. This all comes at an undisclosed cost to tax payers estimated to be in the tens of millions of dollars.
 
Democratic leaders have described bill A4182 as a "national model". Legislators from both parties have questioned the purpose of the bill and expressed serious concerns about it. Law- abiding  NJ firearms owners have universally condemned the legislation.

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This is great to see our NJ2AS in action, but now that the assembly has flicked their nose at us are the NJ2AS going hold true to their threat of legal action?

 

I am thinking of joining the NJ2AS any thoughts?

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This is great to see our NJ2AS in action, but now that the assembly has flicked their nose at us are the NJ2AS going hold true to their threat of legal action?

 

I am thinking of joining the NJ2AS any thoughts?

 Join, they are a great organization and do so much more than the NRA at the local/state level.

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What exactly does "legal notice" mean? Is this just a warning saying if you try to proceed with the bill then you'll take action?

It is a warning that after a review by an attorney, they violated their rules and opened themselves up to possible legal action.

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Will there be legal action?

According to the attorneys, the bill has to be signed into law or allowed to become law by the 45 day rule before action can be taken. 

 

We are waiting for clarification regarding the 45 day rule. When the legislature takes their summer break, the "count down" apparently stops till they reconvene. Once we get clarification on this, we will update everyone.

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According to the attorneys, the bill has to be signed into law or allowed to become law by the 45 day rule before action can be taken. 

 

We are waiting for clarification regarding the 45 day rule. When the legislature takes their summer break, the "count down" apparently stops till they reconvene. Once we get clarification on this, we will update everyone.

Anything to add here yet?

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Sorry, my fault, I was referencig what clarifies the 45 days. Did they go on break? Or did you guys already get the 45th day figured out yet?

good question. When we they be back in session??

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