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GRIZ

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Everything posted by GRIZ

  1. Paranoia! A transfer to a family member who is not a prohibited person with the intention of transferring it back could never be considered a straw purchase.
  2. Ray you're wrong. Can't speak for Old School but mine was "The Great Train Robbery" in the Black Maria at Edison's lab in West Orange. I saw The General when I was walking a beat and you could just walk into the movies. No one cared as long as you made your call box rings on time.
  3. If someone gave you a rubber check to buy a gun it would be easy to find him unless he used phony documents. Signing a complaint for theft by deception would get your gun back but only after the court case was over.
  4. The judge was saying you can do something in your home that would be inappropriate outside the home. He stuck to the issue. The correct decision was made IMO. The judge was not legislating from the bench. You can tear apart a lot of decisions and comments to make them anti 2A. I don't think this is one of them. You apparently do. Agree to disagree.
  5. The "even of possession...." comment is appropriate to the decision. Walking around your house naked is legal but "manifestly inappropriate outside the home".
  6. Translucent magazines were one of the good points of an AUG when it was introduced. No one else had them at the time. But I could live without them. If anyone figures out a great reason to have tritium followers please let me know. I can't think of one.
  7. Judge isn't dancing around any issue. The only issue appellate judges rule on is the issue brought forth in the appeal. Here it is if possession of the machete in the home was legal. That's the issue. The judge acted appropriately.
  8. IIRC, PA requires handgun transfers to anyone not in your immediate family to be done at a FFL including a NICS. I think in PA NICS is only $5. NICS fees are not kept kept by the dealer but go to the state. NJ uses FFLS to act as unreimbursed agents to collect NICS. Just like merchants have to collect sales tax. That's why if you go to a place like Dick's they want you to pay for the NICS before they run it. FFLS get billed for the NICS whether you pass or fail. NICS is free in some states.
  9. Ray, I think you're missing other people's points. How you interact with the cop can determine whether you get a ticket or go on your way with a warning. Yes, there are overreaching cops who treat everyone like John Dillinger but they are the exception not the rule.
  10. No NICS in a private sale as only FFLS have access to NICS. FFLS have to do NICS as its a federal requirement. .P2P and photo ID only requirements for a private sale. You can add a requirement for the buyer to wear a purple hat with a yellow feather if you want. "Gun show loophole" is in most states that don't require a P2P or ID card a private sale at a gun show is treated like a private sake anywhere in the state. This is states like AZ, WY, FL, etc where a private handgun sale is like buying a shovel. There really is no "gun show loophole" as the transaction is the same as if the parties did it outside of a gun show. Some states, like CO, have a NICS desk and require all transactions to have a NICS. FFLS have to do NICS no matter where they are transferring a gun, unless it's to another FFL.
  11. Ray, been a long time since I was involved in traffic enforcement. Unless it's changed a police officer has the option of issuing a verbal warning, a written warning, a summons, or arrest for a violation of mv statutes (Title 39 in NJ). Now there are guidelines on what violations you are arrested for like DWI and others. A cop can also write you for a lesser offense. 95 in a 55 can get you careless driving, excessive speed instead of 40 over the speed limit. Fewer points and lower fine. I know of two incidents where a drunk passenger was pitching empty beer bottles out the window. No open container law in NJ then. This was in the 70s. The driver and passengers were laughing their ads off when stopped in one. They said "what are you gonna do, give us a ticket for littering". That was a $50 fine then. What the guy did get was a ticket for "placing an injurious substance on the roadway". Mandatory court appearance and when the judge heard the story, $500 fine. The other incident resulted in the drunk passenger hitting a parked police car with a bottle (no damage). The driver didn't STFU and apologized for his drunk friend. The cop let them go back, clean up the bottles, no arrest or summons. Everyone went on their way. Two different incidents. Two different outcomes. STFU is a last resort as @Walt of Destinysaid.
  12. I realize "unreasonable deviation" is not the charge. To put it another way, no one has ever been arrested for stopping to eat, use the bathroom, eat, or several other reasons that were listed as reasonable deviations. No prosecutor wants to take a case to court and when explaining the elements of the crime has to explain "the defendant was illegally in possession of a firearm because he didn't want to crap his pants, was hungry, or needed gas on the way home from the range". That would make him look silly. Otherwise I agree with the rest of your post. The problem is police generally don't know which of those 10,000 carrying illegally are good guys or bad guys. A carry permit system in NJ would make it easy. Good guys have permits, bad guys don't. I know this has been addressed already but deserves mention. Admitting to committing a traffic violation does not allow a car search. You can be arrested for any MV violation IIRC. There are only a handful of them that one usually gets arrested for committing. Stop signs violations are not one of them.
  13. GRIZ replied to Jfoster99's topic in Rifles
    I was issued an AUG for several years. Thought it was great when I first got it but there were some quirks which I found the AUG had and glad we went back to M16s. JMO. Whatever floats your boat. There is a neat trick you can do with an AUG to speed reloading. Take your fresh magazine and use it to press in on the mag release. Old mag drops out and you can insert the new mag.
  14. Follow JimmyAGR's link for records. Once you have them or if you have a copy of discharge papers (not DD214 then, a WGO form IIRC) you can send that to your Congressman and request a set of his medals. My Father's medals were lost when he was evacuated. I got a set of his medals that way. They came with his name engraved on the back. I'm not sure if they still do this but worth a try.
  15. Ray, I was too old for WW2.
  16. My Uncle was a MP who was supposed to land on Omaha late in the afternoon on June 6. Due to the backup he didn't land until June 7th. My Father made Sicily, Salerno, and Anzio. About 10 days after landing at Anzio he was wounded (for the third time) at the Battle of Cisterna. He lost his right eye and was wounded in the leg. That put him out of the war and sent him back to the states.
  17. I didn't discuss reasonable deviation in my last post. I discussed how reasonable is used throughout our justice system. Yes. Reasonable is open to interpretation. Always was, always will be. Jurors need to find you "guilty without a reasonable doubt". Someone gets found guilty with one jury and maybe found not guilty if they had another jury. Bring an issue before one judge and he finds it reasonable. Another judge might find it unreasonable. It happens all the time.
  18. I really can't comment on the case where you were a juror. I only have the information from your perspective. Shandon Allen was illegally carrying a gun in NJ. People get arrested for that everyday but you don't hear about them. IIRC she was going to AC to arrange a birthday party for one of her kids. That doesn't sound right from the start. The single mom with a carry permit in PA, she didn't know she couldn't carry in NJ, sounds like she didn't research the law and the 2A people jumped on publicizing it. People complain about criminals getting off. She committed a malum prohibitum crime. The prosecutor would not be doing his job if he didn't pursue this case. He would be violating his oath of office. Nothing about sending a message. No selective prosecution. She got off anyway. People bitch about a cop letting another cop off for a minor traffic violation. You think people should be let off for illegally carrying a gun? I think people should be able to carry anywhere. Pretty much a believer in Constitutional Carry. But that's not the law. The law needs to be changed but we have to live with it if we want to stay out of trobule.
  19. The best explanation I've ever heard on justification of lethal force came from Jeff Cooper. He said (paraphrasing): "Lethal force is justified when someone is doing something so bad they have to be stopped right now. What they are doing is so bad it doesn't matter if they live or die". Drowning babies sounds like it fits this.
  20. I see no problem with what he did. The bad guy was in the process of drowning defenseless babies. No time to warn. Am evil act that must be stopped right now. I can't see a prosecutor in any state going after this. Most prosecutors are too busy to spend time "sending a message".
  21. But no one ever been charged with a violation of reasonable deviation. Reasonable is a term locked in our criminal justice system. It starts with reasonable suspicion. It goes on to probable cause. The best definition of probable cause I've heard is that it is circumstances that would lead a reasonable person a crime has been committed. "Reasonable Person" is usually a LEO and reasonable means based on his or her training and experience. What would be reasonable to a LEO may not seem reasonable to a burger flipper. The fact that no one had ever been charged with violating reasonable deviation would indicate that it's working. Sometimes the prosecution has to take a case to trial without the best case. Sometimes you get the 12 bumpkins on the jury. Sometimes the bad guy gets off because the prosecutor or cop didn't do something right. Sometimes a bad guy wins on appeal because the judge didn't do something right. This is our system of justice. Not perfect but the best one out there. Yes, the gun laws need to be redone. The judge I'd the final decider of what reasonable means.
  22. The details is what makes a case or an argument. Reninger is a poor example of "reasonable deviation". If you want to give an example you need to state or refer to details. I do agree the laws in NJ need to be more specific. However, our system is built on argument. There's many cases where someone actually did the crime but the defense had a better argument and the guy got off.
  23. Nothing wrong with having a light. IIRC while NJ law prohibits use of any such lights except as a warning device (using it like a flare) for a disabled vehicle. I have a small red strobe in one car for such a purpose. I have a yellow one in my van however unless the law has changed you're supposed to have a permit for the yellow one. I would only use them as a warning device. You're friend is lucky no one complained. There was a cop who lost his job getting phone numbers recently. I know of guys who've lost their jobs for the same thing.
  24. Reninger is not a good example. The court ruled the search was okay under the circumstances that were present. Not just plain view of a gun case. Sleeping in a bank parking lot at 3 am will attract police attention anywhere. The subject was nervous, he didn't have registration or insurance id, he had two sets of plates, the cop saw the gun cases and he lied to police, he wasn't transporting the guns IAW FOPA. Being a former police officer I would think he would be aware of FOPA. Just a few things I picked out from the appellate decision. Not showing up for his own trial certainly didn't help his appeal. Nappen said what I would expect a defense attorney to say but he didn't state all the facts. I agree. NJ gun laws suck. They are the result of trying to make something illegal except what we permit. Someone should start a thread listing all the people who have been arrested transporting firearms and stopped to use the bathroom, get gas, or something to eat. I have asked this question at least dozens of times and no one's come up with one. There has to be at least one in the last nearly 50 years "reasonable deviation" has been the law in NJ. There has to be at least one in the past 10 years where everything hits the internet. I don't know of any. Please show me one case. Not long ago there was some phony baloney story going around that a guy was arrested after dropping someone off returning from the range. There were reactions here, on other forums and Facebook pages to what turned out to be a phony story. Some dummy who's a security guard who wants to be a cop puts his gun in his glove compartment and forgets it's there. Maybe he "forgot" so he could impress his girlfriend. Seems to me he's not much of a responsible gun owner if he doesn't know where his only gun is. While the wording "reasonable deviation" leaves a lot to interpretation it's worked okay in NJ. No one has been arrested for an "unreasonable" deviation. Yes, it needs to be changed but there's no stimulus to do so.
  25. Probably not that many. If you want to do what people are talking about you need to get a car, a red light, and a gun. A lot of logistics. Plus you might get run over. Liquor stores, bodegas, and gas stations are much easier marks. You know they have cash. The guy in the Mercedes, BMW, or Jaguar probably has a lot of credit cards.

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