NJ Supreme Court Votes Unanimously for Gun Rights

[EX Carnival man 223]

Looks like a good one for NJ gun owners. Its a start in the right direction.    https://www.ammoland.com/2020/01/nj-supreme-court-unanimously-rules-in-favor-of-gun-rights-wait-what/?fbclid=IwAR1H2xT3HJji7C2UVTDiLWtaHnGKpK0UcsyMv-C_HtH30aDBr_xj7-77Nlo#axzz6CEiE3vdf

[Zeke 5,504]

12 minutes ago, EX Carnival man said:

Looks like a good one for NJ gun owners. Its a start in the right direction.    https://www.ammoland.com/2020/01/nj-supreme-court-unanimously-rules-in-favor-of-gun-rights-wait-what/?fbclid=IwAR1H2xT3HJji7C2UVTDiLWtaHnGKpK0UcsyMv-C_HtH30aDBr_xj7-77Nlo#axzz6CEiE3vdf

A win is a win

[EX Carnival man 223]

1 minute ago, Zeke said:

A win is a win

Hopefully now with a hearing they have to go on record with a reason why your not approved.  

[Mr.Stu 1,919]

Having been denied to my face I know they will have no problem denying everyone else.

 

This smells kinda like "give him a fair trial, then hang him"

[Sota 1,191]

So, now do we all start applying and clogging courts with these cases?

[voyager9 3,434]

Quote

After this filing, on May 20, 2019, the Administrative Office of the Courts (AOC) promulgated Administrative Directive #06-19: Criminal – Procedures for Processing Gun Permits, which provided that trial courts must hold a hearing if it has any questions regarding the applicant or his or her permit to carry application. Today’s NJSC Opinion affirmatively incorporates the AOC Directive into precedential case law that county judges must now follow.

Im surprised they didn’t try to moot the case after the directive was issued. 

[noshow 10]

https://www.firearmupgrades.com/2020/01/28/nj-supreme-court-unanimously-rules-in-favor-of-gun-rights-wait-what/

[Scorpio64 5,154]

There was something here, but it's not here anymore, so here's a picture of slippers made of kittens.

[Indianajonze 379]

should we all start applying for our cc permits now?

[Mrs. Peel 7,157]

Merged the 2 dueling threads.

[RUTGERS95 890]

27 minutes ago, Indianajonze said:

should we all start applying for our cc permits now?

I'm down with that

 

[MartyZ 692]

What happens if the hearing does not occur within 30 days? Is that an automatic approval or will that be ignored just like every other 30 day deadline in NJ?

[Mr.Stu 1,919]

36 minutes ago, Indianajonze said:

should we all start applying for our cc permits now?

Unless out until SCOTUS get off their collective butts and rule on Rogers, Cheeseman, Ciolek or Gould it would just be a waste of your time and money. JN is the law of the State and that's not going to change without a ruling from SCOTUS.

 

If you want to spend money on another background check, range time and ammo for qualification, a day's pay for showing up in court to hear your denial go ahead. I've been there and done it fruitlessly.

[DevsAdvocate 112]

8 hours ago, Mr.Stu said:

Unless out until SCOTUS get off their collective butts and rule on Rogers, Cheeseman, Ciolek or Gould it would just be a waste of your time and money. JN is the law of the State and that's not going to change without a ruling from SCOTUS.

 

If you want to spend money on another background check, range time and ammo for qualification, a day's pay for showing up in court to hear your denial go ahead. I've been there and done it fruitlessly.

Has being denied impacted your ability to get a permit for pistol purchases?

[maintenanceguy 510]

Sounds like we now have the right to be denied in person instead of by mail.  All of the constitutional violations are still in place.  I can't even picture a strategy that makes this a step toward anything useful.   I'd like to be wrong.

If we ever get any relief in NJ, it will come from SCOTUS, not from inside this state. And, unfortunately, SCOTUS hasn't been interested in the second amendment in a long, long time.

[Mr.Stu 1,919]

@DevsAdvocate

Not at all. I have got a new FPID for a change of address, 2 sets of permits and an OGAM exemption since.

I also renewed my NH and UT carry permits with no issues.

[deerpark 83]

On 1/28/2020 at 8:44 PM, Mr.Stu said:

Having been denied to my face I know they will have no problem denying everyone else.

 

This smells kinda like "give him a fair trial, then hang him"

 

Yah, I dont understand. 

Quote

“if a court has any questions regarding the applicant or his or her permit to carry application, it must hold a hearing to address those questions."

Why would a permit or a permit request/application get to court?

Is that how it works, every application goes in front of a judge?

[Mr.Stu 1,919]

Just now, deerpark said:

 

Yah, I dont understand. 

Why would a permit or a permit request/application get to court?

Is that how it works, every application goes in front of a judge?

Getting a carry permit is a two step process.

 

You apply to your local PD who will either approve or deny (or NJSP if your town doesn't have a PD). If they deny you can appeal to your county Superior Court.

 

If the police approve, you still have to get through the second step which is approval from your county Superior Court. They wheel in somebody from the prosecutor's office and basically put you on trial. Then they deny your application.

 

The only thing that changed with this ruling is that they must hold a hearing for step 2 before they issue the denial.

[deerpark 83]

On 2/10/2020 at 2:12 PM, Mr.Stu said:

Getting a carry permit is a two step process.

 

You apply to your local PD who will either approve or deny (or NJSP if your town doesn't have a PD). If they deny you can appeal to your county Superior Court.

 

If the police approve, you still have to get through the second step which is approval from your county Superior Court. They wheel in somebody from the prosecutor's office and basically put you on trial. Then they deny your application.

 

The only thing that changed with this ruling is that they must hold a hearing for step 2 before they issue the denial.

So now they'll hold a mandatory hearing before denying rights?

[Mr.Stu 1,919]

6 hours ago, deerpark said:

So now they'll hold a mandatory hearing before denying rights?

Yep. Until SCOTUS overturns Drake that's precedential for all us so the denials will continue.

[1LtCAP 4,263]

i thought that you already had a right to a hearing when the court denied your carry permit?

 

 doesn't sound much like a win to me. maybe i'm wrong. probably am. but i don't think this is anywhere near a good thing.

[Mr.Stu 1,919]

2 minutes ago, 1LtCAP said:

i thought that you already had a right to a hearing when the court denied your carry permit?

 

 doesn't sound much like a win to me. maybe i'm wrong. probably am. but i don't think this is anywhere near a good thing.

You did already have that right. A superior court ignored it and got corrected by NJ Supreme Court. 

 

Nothing has changed except a Superior Court will have to put some effort into denying your rights. That's unless they choose to ignore this ruling like they do the Constitution. You'll notice there was no disciplinary action taken so there's no incentive for any Court to change their ways.

[1LtCAP 4,263]

so...big nothingburger. but.......hopefully this doesn't screw chances of other cases of ours possibly hitting scotus. nj now can say....see? we did something.......

[raz-0 1,259]

On 1/28/2020 at 8:44 PM, Mr.Stu said:

Having been denied to my face I know they will have no problem denying everyone else.

 

This smells kinda like "give him a fair trial, then hang him"

beats give him no trial and then hang him. 

[Mr.Stu 1,919]

2 hours ago, raz-0 said:

beats give him no trial and then hang him. 

Lipstick on a pig in my opinion.