Everything posted by DevsAdvocate
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SAF v NJ (MULLER et al v. MAENZA et al)
Me too. But I'll wait until there is an organized effort to accomplish this.
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SAF v NJ (MULLER et al v. MAENZA et al)
Which would open up a new lawsuit against the State. How can you be denied to apply to something if the original denial was not based on anything but some unsubstantiated claim that you did not have a justifiable need?
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Guy arrested in Jersey City for "Assault" weapon possession
Ahhhh, I get it now. What about rental agreements which allow land lord entry? In this instance, he had a legitimate need to enter and look at the heater.
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Guy arrested in Jersey City for "Assault" weapon possession
You mean this? http://www.nj.gov/dca/divisions/codes/publications/pdf_lti/right_of_entry.pdf I think the police would be covered under this: . In case of emergencies where a condition exists that pose an immediate threat to the safety or health of persons using or near the premises.
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Guy arrested in Jersey City for "Assault" weapon possession
I don't see what the big deal is... this could be the case we've been waiting for to challenge the AWB in the courts.
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Guy arrested in Jersey City for "Assault" weapon possession
Bottle of pills? Of course not. But you're being facetious in expecting that scenario to be similar to that involving a firearm. Logically, I agree, but the big thing to consider here is that the police were invited inside, they didn't kick down the door or enter illegally. As for finding the AR-15 and mags, I may need to refresh my memory, but they never detailed how those were found. What if he had them piled in the corner of his room?
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Guy arrested in Jersey City for "Assault" weapon possession
This is the folley of rental properties. You don't own that property and do not have an exclusive right to accessing it. Especially in this instance when there was an issue over a shared utility (aka the water heater). The landlord as part of his duties has the right to access the premises, and he I imagine that includes allowing the police access. Especially if there was a complaint against the tenant regarding tampering with the water heater. The police wanted to respond to the complaint and investigate. It's a 4th Amendment issue, but given the increasingly lax protections on that right, I wouldn't be surprised if the police were right to do what they did.
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Guy arrested in Jersey City for "Assault" weapon possession
Let's focus on the facts at hand here. When they saw the gun after entering the apartment legally, they conducted a search, probably after detaining the guy.
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SAF v NJ (MULLER et al v. MAENZA et al)
You mean 'yay' or 'nay'?
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Guy arrested in Jersey City for "Assault" weapon possession
They were invited in and were confronted with an armed individual, that's the narrative.
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Guy arrested in Jersey City for "Assault" weapon possession
Right, but how were the police to determine that? In their minds, their first step is to secure any and all firearms and then determine to see if someone is legally prohibited from owning them or not. You think they'll blindly trust an FPID? If this person had one?
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Guy arrested in Jersey City for "Assault" weapon possession
Is that even a question? States like NJ are in a minority when it comes to their gun control laws.
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Guy arrested in Jersey City for "Assault" weapon possession
Is it illegal? For one thing, the landlord didn't let them in just because he had guns, but there was an issue regarding a complain about the utilities. The upstairs neighbor had an issue with the downstairs one regarding the water heater or something. Law enforcement needs PC to enter on their own... but when they're invited in? By the landlord? They also caught the guy with a loaded gun on his bed too...
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Guy arrested in Jersey City for "Assault" weapon possession
They entered without a warrant because they were given permission by the landlord because they were called in by the upstairs neighbor to investigate a complaint regarding a utility in the apartment of the accused. They found the accused in their room, with a loaded gun, which they deemed enough PC to search for additional firearms... at least that's how the story goes from what I've heard.
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Guy arrested in Jersey City for "Assault" weapon possession
Depends. Its falls under that category if the search were done illegally. I don't believe that was the case. The landlord had the right to access the unit to access the particular utility, he allowed the police to enter, and that's how they came upon the firearms. I think it meets this exception: "it was discovered in part as a result of an independent, untainted source"
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Guy arrested in Jersey City for "Assault" weapon possession
Uhhhh, or we could show this guy some popular support. Help the legal fund, etc. This is a perfect case to pursue, if he loses, he can appeal, and if all goes well, go all the way to SCOTUS. This is the case that can undo the NJ AWB.
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Guy arrested in Jersey City for "Assault" weapon possession
Doesn't matter. This man is innocent and we should be fighting to support him. I don't care what New Jersey's unconstitutional law says. I hate victim-less crimes.
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Military move to NJ
You can store your "not-so-NJ-legal" stuff on base. Federal Property is exempt from NJ law.
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Have you ever been questioned about your pinned higher cap mags
Or do what I do: put foam in the bottom of the pouches to take up the space.
- Defending Gun Rights With Civil Disobedience
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Have you ever been questioned about your pinned higher cap mags
Maybe its more of a "plausible deniability" thing... they don't really care how much it really holds.
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Have you ever been questioned about your pinned higher cap mags
WTF does an RO care about mags?
- Defending Gun Rights With Civil Disobedience
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Which standard cap 45ACP to get?
Glock 21... you already have a 19, now get one of these. It's a common platform, you know the trigger, you know the reliability.
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Obtaining Class III Firearms
You don't need a CLEO sign off if you make an NFA Trust...