SJG 253 Posted March 26, 2016 Based on this per curiam U. S. Supreme Court decision, albiet a reversal and remand, I do not see how NJ stun gun prohibition, could be constitutional. Something I have long advocated http://www.supremecourt.gov/opinions/15pdf/14-10078_aplc.pdf Quote Share this post Link to post Share on other sites
Fred2 367 Posted March 26, 2016 Who wants to be the first person arrested for violating the law? Quote Share this post Link to post Share on other sites
SJG 253 Posted March 26, 2016 Not necessary, can be challenged via a declaratory judgment action by a prospective purchaser in a civil declaratory judgment action Quote Share this post Link to post Share on other sites
Oakridgefirearms 224 Posted March 26, 2016 Based on this per curiam U. S. Supreme Court decision, albiet a reversal and remand, I do not see how NJ stun gun prohibition, could be constitutional. Something I have long advocated http://www.supremecourt.gov/opinions/15pdf/14-10078_aplc.pdf So, could this also lay the ground work for a carry case? She was carrying the stun gun in public, not in her home. They seem to be saying Heller allows her to carry a self defense weapon in public. 1 Quote Share this post Link to post Share on other sites
voyager9 3,444 Posted March 26, 2016 So, could this also lay the ground work for a carry case? She was carrying the stun gun in public, not in her home. They seem to be saying Heller allows her to carry a self defense weapon in public. If I remember right the majority opinion didn't mention public, there was a minority opinion that agreed with the majority but went much further (I forget the term). Unfortunately that opinion is not binding. Quote Share this post Link to post Share on other sites
mipafox 438 Posted March 26, 2016 You mean dicta? I'm not sure minority opinion holds that (inexistent) weight. Quote Share this post Link to post Share on other sites
SJG 253 Posted March 26, 2016 The N.J. Supreme Court, likes to take baby steps,. Advancements in case law are usually incremental. This is why a stun gun case could lay the groundwork for the State Supreme Court to eventually revisit justifiable need in the context of a public carry handgun case. If they were to favorably decide a stun gun case, it might provide the framework for a public pistol carry case. Quote Share this post Link to post Share on other sites
voyager9 3,444 Posted March 26, 2016 You mean dicta? I'm not sure minority opinion holds that (inexistent) weight. I was referring to Alito and Thomas' concurring opinion. While the majority opinion only addressed the points made by the lower court, those two went further. https://www.washingtonpost.com/news/volokh-conspiracy/wp/2016/03/21/supreme-court-zaps-massachusetts-stun-gun-opinion/ Quote Share this post Link to post Share on other sites
PeteF 1,044 Posted March 26, 2016 Based on this per curiam U. S. Supreme Court decision, albiet a reversal and remand, I do not see how NJ stun gun prohibition, could be constitutional. Something I have long advocated http://www.supremecourt.gov/opinions/15pdf/14-10078_aplc.pdf Well firearms are still illegal in NJ "except". Even after heller and macdonald. What makes you think NJ has any intent of following the law? Quote Share this post Link to post Share on other sites
bobblackrifle 28 Posted March 27, 2016 Is it time for a lawsuit at the state level? Quote Share this post Link to post Share on other sites
JohnnyB 4,339 Posted March 27, 2016 Is it time for a lawsuit at the state level? I think that is exactly what S.A.P.P.A. has been trying to do. The PRNJ does not follow any law that is not of their own making! Quote Share this post Link to post Share on other sites
bobblackrifle 28 Posted March 27, 2016 I think that is exactly what S.A.P.P.A. has been trying to do. The PRNJ does not follow any law that is not of their own making!The SAPPA lawsuit is at the federal level in District Court. A lawsuit to the New Jersey Supreme Court directly might be in order. Quote Share this post Link to post Share on other sites