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JimB1

S3477 am I reading this right? Stun guns illegal again?

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I was just reading though this one Christie signed on his way out. It looks like Stun guns are illegal again:

Under "Prohibited weapons"

 "  h.    Stun guns.  Any person who knowingly has in his possession any stun gun is guilty of a crime of the fourth degree."

http://www.njleg.state.nj.us/2016/Bills/S3500/3477_I1.HTM

I thought the last SCOTUS ruling cleared up that they couldn't ban Stun guns?

Am I reading this wrong?

-Jim

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1 minute ago, voyager9 said:

The underlined text is what was added by this bill. I believe the section you quoted has always been there (and what was ruled unconstitutional)

That's what I was thinking but leaving it in a new bill that was just signed again just puts a unconstitutional law back in place. It should have been removed before being signed into law. 

The outgoing AG made the decision to put out guidance to not pursue that law based on SCOTUS which usually means it is remanded back to the assembly for a new law to be rewritten. The incoming AG can change that guidance and enforce the law then wait for it to bubble up to a court challenge if he wants to. In the meantime it's still law until it is removed or counteracted by a later enacted law specifically referencing it as far as I know. This is a later enacted law affirming the old law so they can say in court they reviewed it and found it proper even if they lose in the long run. Just being on a signed law, even an illegal one, may stop people from buying one because of confusion over the law, which NJ is known for.

Maybe I am being a little paranoid but I've lived in NJ for a while so they no longer get the benefit of doubt. The NJ assembly being what it is, it just seems like the kind of BS they would pull. 

-Jim

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1 hour ago, JimB1 said:

...Maybe I am being a little paranoid but I've lived in NJ for a while so they no longer get the benefit of doubt. The NJ assembly being what it is, it just seems like the kind of BS they would pull.

As someone wise said, just because you're paranoid doesn't mean they're not really after you.

Given that bill (now law) was sponsored by our own Three Stooges, anything could be possible.

But no worry. The stun gun prohibition was found to be unconstitutional, but it's still in the statute. Maybe some of them think we'll forget. Wouldn't surprise me one little bit.

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Laws found to be unconstitutional are rarely actually repealed - they many times stay on the books but are not enforced because the Court won't enforce it, or the Court has an injunction in place forbidding enforcement.

An example:

https://www.law.cornell.edu/uscode/text/18/1465

Yes, that is still on the books.

That being said, I would really like to know if prosecutors in NJ have given up on banning stun guns, or are they trying to come up with some sort of argument that they can prosecute possession of them some other way.  Has anyone been arrested for possession of one since late October of last year?

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12 minutes ago, kman said:

Laws found to be unconstitutional are rarely actually repealed - they many times stay on the books but are not enforced because the Court won't enforce it, or the Court has an injunction in place forbidding enforcement.

An example:

https://www.law.cornell.edu/uscode/text/18/1465

Yes, that is still on the books.

That being said, I would really like to know if prosecutors in NJ have given up on banning stun guns, or are they trying to come up with some sort of argument that they can prosecute possession of them some other way.  Has anyone been arrested for possession of one since late October of last year?

Yes, an individual in Medford N.J.. used in defense of road rage, charged. Then dropped to municipal court.

@JohnnyB

Ive posted the article and the update.

In cateano ( sp?) the scotus was very clear.

laws on the books? Still laws bout horse drawn sleigh without bells in this state.

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On 1/28/2018 at 5:28 PM, voyager9 said:

Remember, Remember the 5th of November. 

You can do all the remembering you want. But if the don’t get off their lazy asses and actually vote then all the memories in the world won’t help. I hear people bitching about Gov. Beaver Face more and more. But the fact still remains he’s in because of poor turnout at the polls. 

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22 minutes ago, BobA said:

You can do all the remembering you want. But if the don’t get off their lazy asses and actually vote then all the memories in the world won’t help. I hear people bitching about Gov. Beaver Face more and more. But the fact still remains he’s in because of poor turnout at the polls. 

And people are leaving.. can’t vote if you don’t RESIDE here...

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14 hours ago, Zeke said:

Yes, an individual in Medford N.J.. used in defense of road rage, charged. Then dropped to municipal court.

@JohnnyB

Ive posted the article and the update.

In cateano ( sp?) the scotus was very clear.

laws on the books? Still laws bout horse drawn sleigh without bells in this state.

Where can we find out more about this?  Can you re-post the links?  I can't find them.

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13 hours ago, kman said:

Where can we find out more about this?  Can you re-post the links?  I can't find them.

https://www.google.com/amp/s/amp.courierpostonline.com/amp/441443001

I guess we can carry them but the rules of discharge are yet to be defined. 

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