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ANJRPC Sues NJ Over FFL and NICS Closures

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There are two separate cases before different federal judges.  One by NJ2AS, the other by ANJRPC.  The NJ2AS case had the conference. No word on line so far. The ANJRPC case was filed yesterday, March 25, and moved for an injunction today.  The State has not filed responses in either matter thus far. 

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ANJRPC SUES TO END GOV. MURPHY’S
SECOND AMENDMENT SHUTDOWN IN NJ

 

Motion Filed Today to Stop the Shutdown

ANJRPC Prepared to Go to U.S. Supreme Court

Murphy Admits 2A Shutdown is not about Coronavirus! 

March 26, 2020. Yesterday, ANJRPC filed a federal lawsuit to end NJ Governor Phil Murphy’s unilateral shutdown of the Second Amendment by executive order, supposedly because of the Coronavirus. Today, ANJRPC filed a motion in that lawsuit asking a U.S. District Court Judge to block enforcement of Murphy’s order. 
 
Click here for copy of ANJRPC’s complaint in the case.  Click here for a copy of ANJRPC’s motion to block enforcement of Murphy’s executive order.
 
These actions were made necessary by Gov. Murphy’s executive order 107 on March 21, in which he unilaterally shuttered gun stores, gun ranges, and shut down NICS, effectively switching off the Second Amendment to NJ’s 9 million residents with the stroke of a pen.
 
ANJRPC is prepared to take this new case all the way to the U.S. Supreme Court if necessary. The Second Amendment was designed precisely for the kind of emergency America now faces, to insure that law-abiding citizens would have the means to provide for their own safety if necessary. The idea that a single public official can simply turn gun rights off is absurd on its face.
 
What’s more, Governor Murphy’s overt hatred for the Second Amendment is laid bare in his executive order, which ironically declares that non-vital retailers like liquor stores, marijuana dispensaries, and cell phone stores are “essential” and therefore can stay open, while gun stores and ranges and the NICS system are not “essential” and must close.
 
Governor Murphy has even admitted that his assault on the Second Amendment was motivated by his hatred of guns, not by safety concerns about Coronavirus. When asked just yesterday by a reporter why he didn’t deem gun stores to be “essential,” he stated “a safer society for my taste has fewer guns and not more guns.” He said nothing about Coronavirus, which is apparently just a pretext for shutting down the Second Amendment.

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In New Jersey, the lockdown order issued by Gov. Phil Murphy included licensed firearms dealers as “non-essential retail businesses” and directed them to close to the public. The state also shut down new submissions to its background check system, which effectively put any new gun sale in the state on hold.

It's my understanding LEO's have to follow the same procedure as anyone else to obtain a firearm in NJ (although with prejudgest it thier favor I'd immagine). So does the above "directed them to close to the public" indicate that NICS closures, and sales altogether only applys to someone seeking a means to "PROTECT themselves and their loved one's" against critical threats that occur during normal times and even more so in a time where situational conditions could escalate these threats, or does the fact that they are defined "nonessential" mean only municipal agencies which hold "NO DUTY TO PROTECT" have a circumvention to this Executive Order?

Also altho defacto nonexistent to the average public citizen, isn't this a contradicion and executive denyal to a person who qualifies with "Justifyable Need" for a CCW to protect themself from deadly iminent threats after the state by way of a police chief AND judge deemed possessing a firearm is the only to do so?

 

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4 hours ago, fslater said:

In New Jersey, the lockdown order issued by Gov. Phil Murphy included licensed firearms dealers as “non-essential retail businesses” and directed them to close to the public. The state also shut down new submissions to its background check system, which effectively put any new gun sale in the state on hold.

It's my understanding LEO's have to follow the same procedure as anyone else to obtain a firearm in NJ (although with prejudgest it thier favor I'd immagine). So does the above "directed them to close to the public" indicate that NICS closures, and sales altogether only applys to someone seeking a means to "PROTECT themselves and their loved one's" against critical threats that occur during normal times and even more so in a time where situational conditions could escalate these threats, or does the fact that they are defined "nonessential" mean only municipal agencies which hold "NO DUTY TO PROTECT" have a circumvention to this Executive Order?

Also altho defacto nonexistent to the average public citizen, isn't this a contradicion and executive denyal to a person who qualifies with "Justifyable Need" for a CCW to protect themself from deadly iminent threats after the state by way of a police chief AND judge deemed possessing a firearm is the only to do so?

 

I think it's absolutely a contradiction and denial towards anyone with "justifiable need" as well as a complete barrier to anyone wishing to exercise their second amendment rights.  I'm not sure how this would affect LEO's but imagine they couldn't make a new purchase at the moment either.

  

 

 

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Update:  In the NJ2AS case, the State must oppose by April 3; the NJ2AS reply is due April 7, I believe.  No date for argument or decision.  In the ANJRPC case, the motion for the injunction is not currently accelerated for further briefing and hearing.  The default return date is late April, about a month from now.  The Association's brief is excellent.  Hope it will attempt to expedite this as to dispute may be largely moot given the slow pace of regular motion practice.

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so correctly translated this says: " Courts allow NJ governor to suspend the second amendment"

I would like to request that if there are any "protected class" of citizens on here that own guns and would like to exercise your right please file a lawsuit so we can get relief tomorrow.   thanks  

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On 3/27/2020 at 5:20 AM, fslater said:

It's my understanding LEO's have to follow the same procedure as anyone else to obtain a firearm in NJ (although with prejudgest it thier favor I'd immagine).

LEO's can still do F2F transactions with another LEO with no FFL or NICs needed. Handguns still require a P2P. LEO's can also have the evil 15 round mags that are much too dangerous for the rest of us!

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I did some legal investigation on line about the Circuit Courts. There is a new day for the 2nd and 3rd Circuits. Thanks to President Trump there is some good news in the future. The 2nd Circuit takes care of NY mainly and has 13 justices, 7 Conservative and 6 Liberal. The 3rd Circuit takes care of NJ and has 14 justices, 8 are conservative and 6 are liberal.

What that means for the near future there shouldn't be cases like NY Rifle clubs vs. NYC, because we have the majority. Even better is that NJ has a real chance for some positive gun cases. Another good sign is that each SCOTUS justice covers a circuit court of appeals. The SCOTUS that covers the 3rd circuit for NJ is our Justice Alito. If a new gun case gets turned down for us in District court, we now majorities in the circuit courts, that would rule in our favor.

Lastly a huge positive is that even if the SCOTUS sends the NY Rifle Club case back to the 2nd circuit, we now have the majority in the 2nd circuit. That means that they could rule against NYC now with the new majority.

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On 3/27/2020 at 2:47 PM, Princetonian58 said:

Update:  In the NJ2AS case, the State must oppose by April 3; the NJ2AS reply is due April 7, I believe.  No date for argument or decision.  In the ANJRPC case, the motion for the injunction is not currently accelerated for further briefing and hearing.  The default return date is late April, about a month from now.  The Association's brief is excellent.  Hope it will attempt to expedite this as to dispute may be largely moot given the slow pace of regular motion practice.

Any judge on the 3rd court can step in an declare the executive order illegal. 

They've been doing it to Trump for 3 years now.

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Well, unfortunately the real issue is that if you do not have a purchase permit in NJ before an event like this happens, you are pretty much screwed regardless of weather the stores are open or NICS is working. You'd need to know at least a month in advance that you will need a gun in order to get the purchase permit. If that delay isn't fixed, who cares if the shops are open, everyone who has a permit already has guns and probably at least some ammo on hand. It's the folks that do not during this type of action that are going to be SOL.

-Jim

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1 hour ago, JimB1 said:

Well, unfortunately the real issue is that if you do not have a purchase permit in NJ before an event like this happens, you are pretty much screwed regardless of weather the stores are open or NICS is working. You'd need to know at least a month in advance that you will need a gun in order to get the purchase permit. If that delay isn't fixed, who cares if the shops are open, everyone who has a permit already has guns and probably at least some ammo on hand. It's the folks that do not during this type of action that are going to be SOL.

-Jim

I have no sympathy for the people who all of a sudden realized they need a gun.. a burglar ain'tgonna give you a months notice either.

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1 hour ago, JackDaWack said:

I have no sympathy for the people who all of a sudden realized they need a gun.. a burglar ain'tgonna give you a months notice either.

So then you are all good with that requirement being in place??? I didn't think you were all in on the Biden/O'Rourke 2020 ticket...

 

 

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7 hours ago, ChrisJM981 said:

 

Well... here's your problem. The governor only thinks police should have firearms. At least he finally admits it. 

@gunforhire Anthony, here is a topic for your next rant!

I would think this is excellent argument as to the closures being ideologist  and using health as a façade. I think it should also be argued  for reversal of laws passed and proposed by this administration since bucky took office.

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1 hour ago, JimB1 said:

So then you are all good with that requirement being in place??? I didn't think you were all in on the Biden/O'Rourke 2020 ticket...

 

 

I didnt say that at all. 

I'd love to know who all the first time gun buyers all voted for tho.

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On 3/24/2020 at 11:27 AM, drjjpdc said:

Does anyone know if the public range 14 is open at Fort Dix?

His executive order has no authority on a federal installation.  Unfortunately, Range 14 is the only Morale, Welfare, and Recreation range (MWR) in New Jersey.  The Picatinny Arsenal and Earle Naval Weapons Station have 25 meter ranges but they are for their DOD police departments only.

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10 hours ago, JohnnyB said:

LEO's can still do F2F transactions with another LEO with no FFL or NICs needed. Handguns still require a P2P. LEO's can also have the evil 15 round mags that are much too dangerous for the rest of us!

I've heard that 11th round leads to many psychotic episodes.

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41 minutes ago, PeteF said:

:yahoo::yahoo::yahoo::yahoo::yahoo::yahoo::yahoo::yahoo::yahoo::yahoo::yahoo::yahoo::yahoo::yahoo::yahoo::yahoo::yahoo::yahoo::yahoo::yahoo::yahoo::yahoo::yahoo::yahoo::yahoo::yahoo::yahoo::yahoo::yahoo::yahoo::yahoo::yahoo::yahoo::yahoo::yahoo::yahoo::yahoo::yahoo::yahoo::yahoo::yahoo::yahoo::yahoo::yahoo::yahoo: HAIL 45!

making-america-great-5a851b.jpg

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Trump Admin Names Gun Makers, Retailers Essential Businesses Nationwide

558 Outside view of Sunrise Tactical Supply store in Coral Springs, Florida on February 16, 2018 where school shooter Nikolas Cruz bought his AR-15 to gun down students at Marjory Stoneman High School. The heavily armed teenager who gunned down students and adults at a Florida high school was charged Thursday … MICHELE EVE SANDBERG/AFP via Getty
AWR Hawkins
28 Mar 2020943
2:20

President Trump’s Department of Homeland Security released updated guidelines naming gun manufacturers and retailers as essential on Saturday, which means they are to stay open and operational nationwide during a Chinese coronavirus shutdown.

The DHS guidelines list as essential:

 

Workers supporting the manufacturing of safety equipment and uniforms for law enforcement, public safety personnel, and first responders.
  • Workers supporting the operation of firearm or ammunition product manufacturers, retailers, importers, distributors, and shooting ranges.

The Second Amendment Foundation’s Alan Gottlieb commented on the DHS declaration, saying, “Every freedom loving American owes President Trump and his administration a very big thank you for protecting our Second Amendment Rights. This is another Trump promise made and promise kept.”

The DHS declaration comes just days after Governor Phil Murphy (D) laughed in the face of a man who expressed concern that the statewide shutdown in New Jersey had put an end to gun sales, thereby eliminating the ability to get a firearm for self-defense.

Breitbart News reported the concerned man asking Murphy, “If less guns reduce crime, will you give up your personal bodyguards?”

Murphy responded by intimating that he and the citizen had a philosophical difference in the role guns play, with the governor believing “a safer society has fewer guns, not more guns. And the guns that do exist are in the hands of the right people — particularly trained members of law enforcement.”

The governor then giggled, referenced an armed law enforcement member next to him, and said, “It is what it is.”

AWR Hawkins is an award-winning Second Amendment columnist for Breitbart News and the writer/curator of Down Range with AWR Hawkinsa weekly newsletter focused on all things Second Amendment, also for Breitbart News. He is the political analyst for Armed American Radio. Follow him on Twitter: @AWRHawkins. Reach him at [email protected]. You can sign up to get Down Range at breitbart.com/downrange.

2nd AmendmentPoliticsPre-ViralcoronavirusGunsSecond Amendment

 
 
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