NJ Stun Gun law ruled Unconstitutional

[Downtownv 1,774]

Here's who deserves the Credit!

NJ2AS, if you don't belong YOU SHOULD!

 

NJ2AS Wins Again! Taser Ban Soon To Be Lifted

Posted by Alexander Roubian 312sc on April 13, 2017

 

NJ2AS has won another massive victory for the Second Amendment in New Jersey! The State of of New Jersey has agreed that its ban on stun guns and tasers is unconstitutional! The State of New Jersey admitted in court that their ban on tasers and stun guns is unconstitutional and has signed a consent decree that it will no longer enforce the law.

The case, NJ2AS v. Porrino, is something we have been working on for some time. Last fall, you may have seen that the State Attorney General agreed with us that the ban was unconstitutional, but now we have it in writing from them and all that we are waiting for is the judge to sign the order to make it official.

This is the first time in the history of New Jersey that the State has recognized that the Second Amendment exists! Ever...

But it gets even better, we got them to admit even more on paper...

We got the State of New Jersey to admit that:

The Second Amendment guarantees individuals a fundamental right to keep and bear arms for self-defense

AND

The Second Amendment extends, prima facie, to all instruments that constitute bearable arms, even those that were not in existence at the time of the founding.

That is huge for the Second Amendment in New Jersey. Especially the last one, recognizing that the Second Amendment protects all bearable arms, not just ones which existed when the Constitution was enacted. There goes the old musket argument. It's officially moot in New Jersey.

Additionally the State agreed to pay our substantial legal fees in this case! This is what your dues and donations go towards. The more money we have, the more cases we can file to strike down New Jersey's draconian and unconstitutional gun control laws! So join or donate today and help us keep the state on defense. We need your support to make a difference in this state. No one is coming to rescue us, it is on us to fight back. Support us now by joining or donating! Remember, anyone who joins NJ2AS, renews their membership or donates $20 or more will automatically be entered into our April Giveaway for a chance to win a MODMAT-15 rifle from Modern Materiel!

Don't go out and get a taser just yet though, the order grants the state 180 days to repeal the laws and come up with any regulations they may deem necessary regarding the sale and carrying of tasers. NJ2AS and its legal team is ready if they try any funny business though.

We would like to thank our attorneys Stephen Stamboulieh, Alan Beck, and Ryan Watson for the extraordinary work they did on the case and for Second Amendment supporters in New Jersey. Without our awesome legal team this would not have been possible!

 

 

http://www.nj2as.org/nj2as_wins_again_taser_ban_soon_to_be_lifted?utm_campaign=taser1&utm_medium=email&utm_source=nj2as

[Newtonian 453]

I agree that the wording is damning for Sweeney and her ilk. It will be difficult to maneuver around that (though they'll surely make a Herculean attempt)!

 

However, what's with that last line on your post? Seriously, just curious. I haven't followed this case... and admittedly don't know the background of it AT ALL. But, a pro-2A group is clearly listed as a plaintiff on that document --- isn't it reasonable to share the credit for the win among both plaintiffs? I think we would all like to see 2A groups have MORE wins and BIGGER wins in this state, but I think it's also good to not be stingy with praise when there IS a win! Is there a back story here that says differently?

NJ2AS was co-plaintiff. Their director and I had a few words a couple of years back. I was very critical of him and his tactics at the time, and he took a couple of low swings in return. If you've ever read anything about ugly t-shirts or summer showers in my posts it was related to that crap. 

 

Win, lose, or draw, this ruling is more significant than anything I've read about here, including a bunch of my stillborn ideas but especially those lame lawsuits, angry testimonies, and "email your [gun-hating and unflinchingly so] assemblycritter" initiatives. The critical wording may have been accidental or tangential to the original suit but it's there and Roubian deserves credit for that. Maybe a nice statue in the square in Yerevan, pointing an AK at the likeness of Tigran Petrosian.

[Ricky_Bobby 130]

Great job Roubian, I'm on my way out but you've instilled some hope in me for who is left...

[revenger 473]

Would this eliminate the justifiable need crap?    Now that the state is finally  in agreement with the intent of the second amendment

 

 

1.The Second Amendment guarantees individuals a fundamental right to keep and bear arms for self-defense District of Columbia v. Heller, 554 U.S. 570 (2008); McDonald v. Chicago, 561 U.S. 742 (2010); Caetano v. Massachusetts, 577 U.S. __(2016). Further, “the Second Amendment extends, prima facie, to all instruments that constitute bearable arms, even those that were not in existence at the time of the founding.” Heller, 554 U.S. at 582; Caetano, slip op. at 1 (per curiam).

 

Can we now use the second amendment as a reason to get a permit? 

 

[Newtonian 453]

Would this eliminate the justifiable need crap?    Now that the state is finally  in agreement with the intent of the second amendment

 

 

1.The Second Amendment guarantees individuals a fundamental right to keep and bear arms for self-defense District of Columbia v. Heller, 554 U.S. 570 (2008); McDonald v. Chicago, 561 U.S. 742 (2010); Caetano v. Massachusetts, 577 U.S. __(2016). Further, “the Second Amendment extends, prima facie, to all instruments that constitute bearable arms, even those that were not in existence at the time of the founding.” Heller, 554 U.S. at 582; Caetano, slip op. at 1 (per curiam).

 

Can we now use the second amendment as a reason to get a permit? 

 

 

Had I just dropped in from Mars I'd assume this allowed permitless carry. Do you need a permit to exercise speech rights?

[Zeke 5,504]

I agree that the wording is damning for Sweeney and her ilk.

Ginsberg moment?

[Zeke 5,504]

Why do I have a feeling a lot of this had to do with the confirmation of Gorsusch.

Almost like" well we aren't gonna win this anymore "

[JohnnyB 4,322]

As one who was on the receiving end of the "Summer showers" at Swiney's house, I am glad to see Newtonian giving some credit

where credit is due to Alex and NJ2AS. Despite the sarcastic statue in Armenia pointing an AK at a chess player comment!

 

My thanks to Alex and the rest at NJ2AS for fighting the good fight!

 

I have been and remain a member of the NRA and NJ2AS and will continue to support those organizations.

I will donate more to NJ2AS in the future and less to the NRA unless they show me some results here in the PRNJ!

[Newtonian 453]

As one who was on the receiving end of the "Summer showers" at Swiney's house, I am glad to see Newtonian giving some credit

where credit is due to Alex and NJ2AS. Despite the sarcastic statue in Armenia pointing an AK at a chess player comment!

 

My thanks to Alex and the rest at NJ2AS for fighting the good fight!

 

I have been and remain a member of the NRA and NJ2AS and will continue to support those organizations.

I will donate more to NJ2AS in the future and less to the NRA unless they show me some results here in the PRNJ!

For its size Armenia has produced an unbelievable number of world class chess players. Petrosian is a national hero but his style was dull, dull, dull. Unlike Art Roubian Petrosian never took risks. And from what I read he took all his showers indoors.

[Fred2 367]

Would this eliminate the justifiable need crap?    Now that the state is finally  in agreement with the intent of the second amendment

 

 

1.The Second Amendment guarantees individuals a fundamental right to keep and bear arms for self-defense District of Columbia v. Heller, 554 U.S. 570 (2008); McDonald v. Chicago, 561 U.S. 742 (2010); Caetano v. Massachusetts, 577 U.S. __(2016). Further, “the Second Amendment extends, prima facie, to all instruments that constitute bearable arms, even those that were not in existence at the time of the founding.” Heller, 554 U.S. at 582; Caetano, slip op. at 1 (per curiam).

 

Can we now use the second amendment as a reason to get a permit? 

 

 

I would think that this would strike a blow at the EXEMPTIONS that we have to deal with, more so that permitless carry at this point.

 

We may even be able to stop for a Taylor Ham, Egg and Cheese sandwich on the way to the range without committing a felony

[45Doll 5,874]

It's up on NJ.com. Of course they left out the parts about the 2nd Amendment.

[Alex V 99]

I don't see us being able to carry a tazer any time soon.

[Zeke 5,504]

This is going to be even more interesting moving forward. As I recall, the Massachusetts case the state argument was that she could get a ccw. Court said choice of less than lethal not up to state. And the woman was carrying the tazer/stun gun, etc.

[jtd771 18]

Court Will order the legislature to lift the ban with minimum acknowledgment of the core second amendment points. Legislature will wait full 180 days and then pass a law that stun devices will be treated same as handguns. Christie will either veto or let die as he will be a lame duck as we will be close to the next governor, most likely anti gun democrat. If he ignores it's law. If not, the repass their legislation in January and it becomes law. Years of court challenges and if it doesn't make it to SCOTUS, 3rd district will let it stand. Stun guns well be legal but only at home out with an impossible to get carry permit.

 

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[High Exposure 5,661]

Stun guns well be legal but only at home or with an impossible to get carry permit.

 

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Agreed.

[jtd771 18]

The other option is the legislature uses this decision to their perceived advantage. The pass a law both legalizing them and providing a tiered carry permit system. Anyone not connected gets the stun gun only carry permit, maybe at Christie's serious threat threshold. Now they can defend court challenges that they are issuing carry permits but with "reasonable" restrictions.

 

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[Downtownv 1,774]

I like the ass hat from hudson county already looking to throw up roadblocks against the people of nj....Funny this little weasel was charged for stalking women TWICE!

(D)  Assemblyman  Raj Mukherji

BORN:July 15, 1984 EDUCATION: B.A. Thomas Edison State College, M.L.A. University of Pennsylvania, J.D. Seton Hall Law School OCCUPATION: Healthcare Lawyer and Investor PUBLIC/PARTY SERVICE: Jersey City Housing Authority Chairman, 2008-Present; Jersey City Deputy Mayor 2012-13 MILITARY SERVICE: U.S. Marine Corps Reserve, Sergeant LEGISLATIVE SERVICE: General Assembly 2014-present COMMITTEES: Budget;  Commerce and Economic Development;  Labor;  Joint State Leasing and Space Utilization Committee;  Joint Legislative TaskForce on Drinking Water Infrastructure   433 Palisade Ave., Jersey City, NJ 07307 Phone: (201) 626-4000 Fax: (201) 626-4001

[High Exposure 5,661]

https://www.njgunforums.com/forum/index.php?/topic/86372-taser-stun-gun-law/#comment-1110867

 

[Downtownv 1,774]

3 minutes ago, High Exposure said:

https://www.njgunforums.com/forum/index.php?/topic/86372-taser-stun-gun-law/#comment-1110867

 

sorry, Missed that post.. But it can never be seen enough, right?

[Zeke 5,504]

Test case

http://www.nj.com/burlington/index.ssf/2017/06/man_stuns_driver_with_taser_in_road_rage_clash_cop.html#incart_river_mobile_index

[Krdshrk 3,877]

30 minutes ago, Zeke said:

Test case

http://www.nj.com/burlington/index.ssf/2017/06/man_stuns_driver_with_taser_in_road_rage_clash_cop.html#incart_river_mobile_index

That guy will get pardoned by the gov.

[Zeke 5,504]

7 minutes ago, Krdshrk said:

That guy will get pardoned by the gov.

I'm not so sure. Possession will get dropped. That was what scotus ruled on.

 

[Downtownv 1,774]

 The victim could have easily been dead in most other states. Next time loser stay in your car instead of threatening harm to others!

[Zeke 5,504]

8 hours ago, Downtownv said:

 The victim could have easily been dead in most other states. Next time loser stay in your car instead of threatening harm to others!

Victim? Or aggressor? Words have meanings 

[High Exposure 5,661]

2 minutes ago, Zeke said:

Victim? Or aggressor? Words have meanings 

Says the guy that prides himself on being cryptic.....

[Zeke 5,504]

8 minutes ago, High Exposure said:

Says the guy that prides himself on being cryptic.....

Only amongst friends.

[Downtownv 1,774]

Look, if someone jumps out of their car and moves in on you, HE's The Aggressor.... You are the likely victim.

However this case the tables got turned, the names remain the same as originally laid out.

Try this shit in Texas and the Dead man would have begged to be Tased, Bro.

[Zeke 5,504]

On 7/3/2017 at 8:25 PM, Downtownv said:

Look, if someone jumps out of their car and moves in on you, HE's The Aggressor.... You are the likely victim.

However this case the tables got turned, the names remain the same as originally laid out.

Try this shit in Texas and the Dead man would have begged to be Tased, Bro.

You my friend, have that 100% correct!

[capt14k 2,052]

That guy will get pardoned by the gov.

He should and Haha to the guy that got out of his car.

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[DirtyDigz 1,811]

So the NJSP is out with *proposed* (I say again - PROPOSED - these are *NOT* law yet) stun gun regulations:

http://www.njsp.org/news/pdf/pr/20170821_2765a.pdf

My take - the only proposed regulation is that you have to be 18 or older to possess one.

Nothing about exempted locations/transportaiton, purchase permit, registration, etc.  Just have to be 18 to possess, otherwise subject to confiscation.

The Democrat legislators aren't going to like this...