stun guns to become legal in NJ?

[mustang69 505]

Having read that, it seems like the legal equivalent of a beatdown to the Mass court.  Not sure how it can be misread to be anything other than that.  Massachusetts is under notice by the court to reform based on how I read it.  Whether they will or not will move slowly through the courts, but it's a win at the USSC level that reinforces Heller and McDonald.  That the decision was 8-0 is a big deal - no dissent, and nothing for the opposition to latch onto.    

[quikz 34]

"In sum, we hold that the District’s ban on handgun possession in the home violates the Second Amendment, as does its prohibition against rendering any lawful firearm in the home operable for the purpose of immediate self-defense. Assuming that Heller is not disqualified from the exercise of Second Amendment rights, the District must permit him to register his handgun and must issue him a license to carry it in the home."

 

"Like most rights, the Second Amendment right is not unlimited. It is not a right to keep and carry any weapon whatsoever in any manner whatsoever and for whatever purpose: For example, concealed weapons prohibitions have been upheld under the Amendment or state analogues. The Court’s opinion should not be taken to cast doubt on longstanding prohibitions on the possession of firearms by felons and the mentally ill, or laws forbidding the carrying of firearms in sensitive places such as schools and government buildings, or laws imposing conditions and qualifications on the commercial sale of arms. Miller’s holding that the sorts of weapons protected are those “in common use at the time” finds support in the historical tradition of prohibiting the carrying of dangerous and unusual weapons."

Good citation.

 

This is how NJ will view this little MA case:

 

They will print up the SCOTUS ruling onto the NJ Legislature's weekly supply of taxpayer funded toilet paper and wipe their ASS with it. Then promptly flush, in the toilets in Trenton.

 

They will ONLY SEE THE FOLLOWING WORDS, hand picked by their horrendous liberal brainwashed mindset from the Heller decision above:

 

"..CARRY IT IN THE HOME." (ONLY) and bring us more toilet paper and pay for it.

 

AND,

 

"The Second Amendment right IS NOT UNLIMITED." (We, the NJ Legislature salute you with our center finger HIGH and PROUD)

 

AND,

 

"Concealed weapons PROHIBITIONS have been UPHELD under the Amendment or STATE (<<<<<<<<<NEW JERSEY!!!) analogues." (We the elected BY YOU, the NJ Legislature, say, GO F YOURSELF.)

 

 

In conclusion. NJ will NOT abide by, or even attempt to abide by, or even consider, or even read, or even talk about and acknowledge it's existence, this little MA SCOTUS 'ruling'. Damn the alleged unanimous decision. DAMN the "supreme court". NJ precedent is ABOVE God and ALL else. And we elected officials want more printed toilet paper.

 

Sounds funny? Its the Truth im very sorry to say. VERY.

[Vlad G 345]

That citation was from Heller, not from this case ..

[NJGF 375]

The NJ Supreme Court has not looked at a case post Heller/McDonald. Our laws are based on the assumption that the 2nd Amendment doesn't apply to the states. It looked like they might have taken Pantano but once the US Supreme Court denied cert in Drake they back tracked and denied cert.

[mustang69 505]

The NJ Supreme Court has not looked at a case post Heller/McDonald. Our laws are based on the assumption that the 2nd Amendment doesn't apply to the states. It looked like they might have taken Pantano but once the US Supreme Court denied cert in Drake they back tracked and denied cert.

and they (NJSC and Legislature) seem to be working very hard to prevent a 2a case from making it to the NJSC for as long as possible.  The Pantano case is a good example.   They know NJ laws wouldn't stand, just like Mass, but are holding on as long as possible. 

 

It all comes down to votes.  The legislature doesn't see any benefit to them in changing NJ laws, only a downside. 

[NJGF 375]

And the 2nd and 3rd circuits keep upholding these types of cases even though they fly in the face of Heller/McDonald.

 

The president has also packed the federal courts with anti-2a types in the last 8 years which will only make things more difficult.

 

The country really needs a good replacement for Scalia.

[galapoola 102]

Finally got to look at the SCOTUS opinion here:

http://www.supremecourt.gov/opinions/15pdf/14-10078_aplc.pdf

Of interest and what we all seem to understand (but liberals do not) is this:

It  is  settled  that  the  Second  Amendment  protects  an
individual   right   to   keep   and   bear   arms   that   applies   
against  both  the  Federal  Government  and  the  States.  
District   of   Columbia   v.   Heller
, concurring in judgment
vindicates  the  “basic  right”  of  “individual  self-defense.” 
Caetano’s  en­counter  with  her  violent  ex-boyfriend  illustrates  the  con­
nection  between  those  fundamental  rights:  By  arming
herself,  Caetano  was  able  to  protect  against  a  physical
threat  that  restraining  orders  had  proved  useless  to  pre­vent.

I know without a specific opinion telling a jurisdiction to honor Heller as to

carry, this alone is not enough, but . . .

Any carry civil case can cite this and run it through the system and see if

the lower courts would side with us. Judges after all hate to be told they

are wrong by another court. Judges don't want to  be bitch slapped by SCOTUS.

This remand poses a genuine opportunity and being as all 8 justices agreed,

it looks promising.

And this woman was outside her house/home so no more saying carry is

an indoor 2nd Amendment activity.

[maintenanceguy 510]

There should be penalties when a state violates a civil right.  Otherwise, NJ will simply continue to ignore the Constitution and the Supreme Court whenever they wish.

[capt14k 2,052]

If we get a Republican President we get 3 Justices possibly 4 that will support the 2nd Amendment. This could be why the court has held off on case since Heller. Better to have case with multiple 2nd Amendment issues, with close to unanimous vote, to decide on 2nd Amendment once and for all. NJ will have to comply. 8-0 decision in Mass case is promising. If Hillary gets elected all bets are off.

 

Sent from my XT1585 using Tapatalk

[DirtyDigz 1,812]

Update from the NJ2AS/Party of 6 lawyer Stephen Stamboullieh regarding the settlement conference that took place in Trenton today:

 

 

Update: had the settlement conference this morning in Trenton, NJ. We have thirty days to come up with a consent decree to allow for the possession of Tasers / stun guns in New Jersey.

 

We will obviously fight for the right to carry in public but those details were not hammered out yet. So NJ will provide us a draft and then we will work it from there and provide it to the court within 30 days.

 

Thanks for all your support and thanks to Mark Cheeseman and Alexander P. Roubian for standing up and demanding their Second Amendment rights!

[Zeke 5,504]

Ha! Eat crow HE!