Everything posted by ianargent
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Bryan Miller on Brian Aitken's Commutation
I'm sorry - I LOL'd when I read the "tiny majority" bit. That's gotta be a misquote. Either that or Brian Miller has lost his fingernail grip on his illusions.
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so no one noticed? Brian Aitken a free man...
Unloaded longarm only (unless otherwise permitted by law to be loaded). Not unloaded handgun - you have to have a carry permit or be in the exceptions for that. (2C:39-5B is the handgun permit clause) Honestly, if you don't have it, you're busted. If you do have it, no reasonable probable cause. And it doesn't help with handguns - stay inside 2C:39-6 e (home, fixed place of business, gunsmith, or while traveling between such), f (range, hunting, exhibition, etc and between), and g (how to legally transport between) if you have a handgun or a longarm w/o FID (unloaded and contained in a closed and fastened case, gunbox, securely tied package, or locked in the trunk of the automobile in which it is being transported, and in the course of travel shall include only such deviations as are reasonably necessary under the circumstances http://lis.njleg.state.nj.us/cgi-bin/om_isapi.dll?clientID=22760531&Depth=4&TD=WRAP&advquery=2C%3a39-1%20%20Definitions&headingswithhits=on&infobase=statutes.nfo&rank=&record={1A38}&softpage=Doc_Frame_Pg42&wordsaroundhits=2&x=34&y=12&zz=
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so no one noticed? Brian Aitken a free man...
FID permits possession of an unloaded longarm by the letter of Tue law, without needing to qualify for any of the exceptions. Just the same as a carry permit allows possession of a handgun, and in nearly the same language. Look it up.
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so no one noticed? Brian Aitken a free man...
One interesting thing - by commuting the sentence, the Governor leaves the appeal "live" (at least, if Brian Aitken wishes to not be a felon). Not that I think that aspect was deliberate... Wonder if the appeal will continue now that he's out of jail.
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Home Defense Shotgun Legality
Warning shots are a bad idea, and are illegal many more places than NJ
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Florida has it right
What the law says and how the law acts wrest two separate things. That's a bigger problem.
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Florida has it right
That's the other problem with FL - CCW ONLY in it's climate. You must be MAD. It's like Open-carry only in, say, North Dakota!
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Florida has it right
NJ has a weak castle doctrine - no requirement to retreat in the home and use of force in the home is not required to be proportional. This is, believe it or not, better than some states, including possibly PA. NJ does NOT have civil immunity etc, and doesn't have the "stand your ground" provision for places "you have a right to be"; duty to retreat and no first use of deadly force are the order of the day outside the home. And according to a jury instruction I once got from a judge, brandishing a deadly weapon is NOT use of deadly force justifying use of deadly force in return.
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Strike One against CCW on a Federal Level
Also the biggest. And the busiest. That cheerful thought aside, I believe they are the most overturned on percentages as well as by absolute numbers. Plus, this wasn't an Appeals Court decision - and a panel of the 9th did rule that the 2A guaranteed an individual right applicable to the states before McDonald - the decision was stayed pending McDonald nad has been sent back for reconsideration by the lower court in light of McDonald and Heller - the Nordyke case. the 9th circuit is a crapshoot, it all depends on the judges you draw for your panel on appeal
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transportation
. Make sure you have your FID with you, and that it's unloaded. I am not a lawyer, etc.
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S 2190
Any decision (one way or another) would be immediately stayed pending appeal; guaranteed. And then when NJ loses, we still have to go through the existing law to get a permit, it's just that the government will be required to issue when you write "self-defense" as the need. And then we'll need another suit to make them issue in a timely fashion.
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Christie responds to a question about Brian Aitken
Christie has to know that the rest of the US does not view find the way NJ does. See John Kerry's hunting trip. So, on this case, his political instincts are against his prosecutorial instincts.
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Christie responds to a question about Brian Aitken
This is where Mr. Aitken's documented attempts to comply with the law help. He *did* his "due diligence" to try and be inside the law. And Bryan Miller trumpeting that "guns are illegal, people shouldn't touch them" is not helping Miller's cause either. Most people believe that guns should be legal, with some restrictions. Add in police and judicial misconduct, and the perception of injustice is there. This went viral and national because Mr. Aitken's situation *is* sympathetic to the public. He tried to follow the law and ended up in jail. And, if Gov. Christie wants to keep the law, he had better defuse this case pronto. Otherwise, in 2 years it'll be at SCOTUS... And that will be the end of "illegal with exceptions"
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Christie responds to a question about Brian Aitken
It's his anti-gun gut vs his political instincts. My bet is on his political instincts.
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S 2190
Same people who have access to your FID and PPP info. Not an additional concern.
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Brady Campaign
OK. Cemetery, you're crazy.... Doesn't mean I don't agree with you. Pretty small beer, that pamphlet. And I think they're all broke up over their BFF Obama not doing much to advance their cause, judging from the title page quote.
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Christie responds to a question about Brian Aitken
We get to see if Christie has national ambitions or not, I suppose
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Christie responds to a question about Brian Aitken
Interesting. And from his official YouTube channel - so he's not hiding
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S 2190
+1 kenw
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S 2190
You can get a FID at 18, and it doesn't have all the gee-whiz antitamper stuff or the 5 year expiration or other stuff. Which just goes to show, this ought to have been a modification to the existing FID to say "if over 21, FID holder may use this in place of PPP at FFL". Dame effect, really
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S 2190
The "good character" line appears in the rules for issueing the FID and PPP; it's not new. Racist, but not new. It's what got that guy from ScotchPlains who slammed a door loudly at his ex-wife and made disparaging remarks about her.
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How close is close enough?
Also, legally? At a range, everyone in the same room. So no, I wouldn't drop her and the toys off.
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How close is close enough?
Take the class - I took a similar class with my wife and was glad I did
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New Jersey Firearms Guild in Rahway
Oooh, that'd be nice.
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Bill S2190: Adjustments to NJ FID Card
One note - this kind of legislation is being discussed in NJ; that's pretty important. In previous years, would you expect a demand for permits to just backlog the system, or someone to put forward a (stupid, but workable) fix?