Everything posted by Midwest
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For our LE members
From Kentucky. stay safe and thank you.
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Best and Worst States for Guns
It sounds like a New York State permit. Is that correct?
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Best and Worst States for Guns
New Jersey , Maryland and Hawaii are pretty much the same with (may issue) no issue (I guess DC right now is in the same boat). However MA and CA are also plagued by the gun roster. If it is not on the roster in CA and MA , you can't buy it ....but in NJ there is no roster. So NJ gun owners don't have the roster problem. However there is no carry in NJ whereas CA and MA has carry. While Michigan still has handgun registration, their gun rights are better than Massachusetts from what I can see. Clark County Nevada (Las Vegas) has handgun registration, but Nevada's gun laws are much better than California's. Tiny Rhode Island has a 7 day waiting period on all firearms, handguns also require a safety course and the chances to get conceal carry permit there is 50% across the state. Rhode Island can be considered draconian, but it is better than Maryland's in some ways.
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The pediatrician question
None of their damned business, I would be out the door looking for a new pediatrician. However I do have a staple gun, heat gun, caulking gun and a soldering gun. I guess they can be dangerous and should be locked up.
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Finally got the call I've been waiting for!!!!
Congratulations
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BB/pellet gun
Michigan is also proposing this too.
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Possession of an imitation firearm illegal?
Other states also have laws against imitation firearms used in the commission of a crime.
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"Gun rights, even in New Jersey" by Eugene Volokh - Washington Post article
Gun rights, even in New Jersey by Eugene Volokh - Washington Post Article Good article in the Washing Post by Eugene Volokh on the how Michael McGovern eventually got his Firearms ID Card despite Jersey City requiring extra paperwork and documentation. He fought it and won. What is especially good about this article, it sheds light on the onerous process in New Jersey to a national audience. http://www.washingtonpost.com/news/volokh-conspiracy/wp/2014/12/01/gun-rights-even-in-new-jersey/ "The bottom line: “We conclude that a remand is necessary for reconsideration of McGovern’s application with the proper burden of proof placed on Jersey City to prove he is not qualified — in other words, that good cause exists for denial of his application — and without regard to McGovern’s lack of cooperation as to his application except with respect to the Florida arrests.” Presumably at that point McGovern would have the opportunity to actually fill in the information about the arrests. The court also followed past New Jersey case law rejecting the argument that “good character and good repute,” and “the interest of the public health, safety or welfare” were unconstitutionally vague."
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Dicks Sporting Good Fail...
Buds Guns had a major fail "budsgunshop black friday scam? was anyone on here able to buy the doorbusters?" Besides a major internet outage, people who did manage to put the item in their shopping cart was swapped out for full retail. http://www.thehighroad.org/showthread.php?p=9705590
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Guam gonna tip over...s#it you not
Well .......... at least Guam has shall issue.... http://forum.opencarry.org/forums/showthread.php?122231-Guam-Shall-Issue-Becomes-Law
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Selling gun parts to the virgin islands "no receivers"
U.S. Virgin Islands is a territory like Puerto Rico is , part of the U.S. However the BVI British Virgin Islands are not.
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ARTICLE: "21 states want a court to overturn Maryland’s post-Sandy Hook assault weapons ban"
Why can't 21 states get together and try to help New Jersey Gun owners? Don't get me wrong, I'm happy that Maryland gun owners have 21 states coming to their defense. NJ gun owners need help too.
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Why is no one covering the NFA and 922 cases?
Using a NFA weapon in a self defense situation could mean that the police could impound it (as any other type of weapon) during the course of their investigation. After the investigation is over, and your claim to self defense is justified... they are supposed to give it back. The question is, would you want your $20,000 machine gun impounded by the police? Or a $700 suppressor along with your $500 Glock? Perhaps a $250 .38 special revolver might be better suited for self defense with the knowledge that it could be taken by the police in the course of a police investigation.
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Why is no one covering the NFA and 922 cases?
Suppressors are very popular, they are legal in 38 states and most allow them to be used for hunting. Taking them out of the NFA would be a no brainer. They should not have been in the NFA in the first place, they aren't even a firearm. Supposedly the reason why they are on the NFA list is because there were concerns with 'poaching' during the depression. Poaching issues could have been better addressed with state game wardens, not the Federal Government. http://americansuppressorassociation.com/education/
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Why is no one covering the NFA and 922 cases?
Truth about Guns is covering it at http://www.thetruthaboutguns.com/2014/10/foghorn/breaking-lawsuit-filed-allow-registration-new-machine-guns/ THR (The High Road) is covering it at http://www.thehighroad.org/showthread.php?t=765064 "NFA Lawsuit filed"
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conceled carry permit
At one time you could, I think that was done away in 1966.
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Another stupid PA gun owner may head to NJ JAIL
'The TSA Has Confiscated More Than 1,000 Guns at U.S. Airports This Year' http://blogs.wsj.com/numbers/the-tsa-has-confiscated-more-than-1000-guns-at-u-s-airports-this-year-1670/ Who is Number one? TIE: Hartsfield-Jackson Atlanta International Airport and Dallas/Fort Worth International: 46 firearms The penalty? " If officers find a firearm in your carry-on, the result is a citation with fines of up to $7,500 or arrest." Locally here..in the Northern KY/Cincinnati Airport 9 guns found at CVG so far in 2014 http://www.wcpo.com/news/local-news/wsj-report-9-guns-found-at-cvg-so-far-in-2014
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Air Gun Question
Interesting, thanks for the link. The history of airgun laws in New Jersey (from what I was able to read into) date back to 1958 when airguns and spring guns were banned in New Jersey. I believe they were bought back in 1966 when the FID law went into effect. If that is incorrect let me know. No information on why airguns were banned in the first place. Or why they are still considered a firearm. http://lawlibrary.rutgers.edu/cgi-bin/diglib.cgi?collect=njleg&file=182&page=0535&zoom=90 "Chapter 91 Laws of 1958 Page 534 Anyone who sells, manufactures, barters, hires, gives, buys,possesses,uses, shoots or knowingly delivers any spring gun, air gun or pistol with or any other weapon of a similar nature in which the propelling force is a spring or air and ejecting a bullet or missile smaller than 3/8″ inch in diameter, with sufficient force to injure a person, is guilty of a misdemeanor. Approved June 30 1958"
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Air Gun Question
Has NJ banned this yet? Or does it need a FID? Or a pesticide license? Or is it an NFA weapon because of the short barrel? It can shoot 50 shots without reloading, so does that make it an assault salt-weapon? Any exemptions for killing bugs outside? Do you have to apply for a carry permit to kill flies at picnics? http://bugasalt.com/ "Insect hunting as sport has entered the 21st century with this fun, new non-toxic device. A miniaturized shotgun effect is generated through this ingenious design. Ordinary table salt is utilized as a lethal projectile with accuracy range of within 3 feet. Bugs will remain whole for easy clean up. The photo below breaks down some of the guns features."
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Air Gun Question
Air gun rifle, air gun pistol, black powder rifle* and black powder pistol* are not considered firearms under the 1968 Gun Control Act. They are not subject to background or ID checks and they can be freely shipped to anyone in any state #1. In most states, you can walk in a store, pick up the item, pay for it and walk out. #1 However State Laws might regulate and restrict the above items and classify them as firearms such as New Jersey, Michigan, and elsewhere.. Purchasing some of the above items in those states might require a permit or a background check even though federal laws does not require it. *Black powder firearms that are readily converted to conventional firearms can be considered as regular firearms. http://www.atf.gov/files/firearms/industry/0501-firearms-top-10-qas.pdf The P2P has to be used in New Jersey, it cannot be used out of state. I saw the P2P here on NJgunforums and it said that it has to be used in NJ. You can use the P2P to by a airgun pistol in New Jersey. You can't use the P2P to buy an airgun pistol in Pennsylvania...besides they won't know what it is or how how to administer it and a P2P is not applicable out of state anyway. Pennsylvania and the other 40 some odd states do not require any permits to buy airguns or black powder guns*. *Black powder firearms that are readily converted to conventional firearms can be considered as regular firearms.
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If you used Terminix to get rid of termites, you still might have them
If you used Terminix to get rid of termites, you still might have them Local story on our Fox affiliate Fox 19 (out of Cincinnati) about a lady who paid to keep termites out but ended up with extensive termite damage. Fox 19 Consumer Reporter Hagit Limor reported on the story and goes through the house showing extensive damage. This might not be limited to Ohio area, it might be a nationwide problem. http://www.fox19.com/story/27272754/fox19-investigates-termites-eat-up-local-home-after-company-uses-bad-chemical " Mary Ellen Boutet of Reading paid Terminix $790 in 1989 to treat an infestation in her basement and signed a contract with an annual renewal fee to protect her home. For 24 years, she continued to pay as Terminix employees came annually to check her home to ensure there was no new damage or infestation. “She just trusted that they were doing their job,” said Tina Yelken, Boutet's daughter. “She did not have a lot of money but she made darn sure that she was going to pay that so her house would be protected. When her mother passed away last year, Yelken continued to pay for the pest control contract as she prepared to sell the house. Then the first of two buyers under contract walked through the home with an inspector and found extensive termite damage throughout."
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New Jersey lawmakers seek mandatory training for potential gun owners.
This sounds like what their idea from Maryland https://www.mdsp.org/Organization/SupportServicesBureau/LicensingDivision/MainLicensingPage/LicensingandRegistration/Firearms/HandgunQualificationLicense.aspx "To apply for an HQL the law requires a fingerprint based background check (click here for how). You cannot submit your application until this is completed, unless you already possess as Maryland Wear and Carry Permit. Within 3 years prior to the submission of an HQL application, an applicant must demonstrate a satisfactory completion of a Firearms Safety Training Course. Qualified Handgun Instructors can be found online (here). The Firearms Safety Training Course must be instructed by a Qualified Handgun Instructor, and shall consist of a minimum of 4 hours of instruction and include the following minimum curricula: (1) State Firearm Law. Overview of the State firearm laws, including discussion of what constitutes a regulated firearm, how to properly purchase or transfer a firearm, where allowed to carry or transport a firearm, when necessary to possess a carry permit, who is prohibited from possessing firearms, and state law relating to minors, permissible levels of force, and use of deadly force. (2) Home Firearm Safety. Overview of handgun and firearm safety in the home, including discussion of access to minors, locking and storing of firearms, and use of safety devices, such as secure lock boxes. (3) Handgun Mechanisms and Operation. Overview of the proper operation and safe handling of a handgun, including cleaning and maintenance, the loading and unloading of ammunition, and the differences between revolvers and semi-automatic handguns. (4) Operation and Handling Demonstration. Orientation component that demonstrates the person’s safe operation and handling of a firearm, to include a “live fire” component in which the applicant safely shoots the weapon. An applicant may not be required to fire in excess of 15 yards during qualifications."
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Propane
Sams Club used to sell 6 pack of 1 pound of Propane Canisters
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NJ Law Re: Justifiable Need Expires Nov. 13th
I don't know where the 7 year renewal comes from. It wasn't in the original legislation in the 1920's. If someone knows the year, they can look it up at The Rutgers Online Law Library and find when it started. If someone has the resources for old newspapers archives they can research the news articles of the day and find out the reason for the legislation and who was in opposition to it. By the way the legislation for the FID card mess in 1966 started earlier, with Arthur Sills (Attorney General of NJ) being the main architect. He testified in the infamous "Dodd Gun Control Hearings" in 1965. There is a pdf record of Sills mentioning the FID proposal in during his testimony. Here is a thread on it http://www.thehighroad.org/archive/index.php/t-756346.html All of these gun laws passed in New Jersey for several reasons, political and other. But the main two reasons are.... # 1. New Jersey does NOT have the Second Amendment in it's state constitution. http://conservativenewjersey.com/handguns-banned-in-new-jersey "Delegates to the 1947 New Jersey Constitutional Convention believed that the right of the people to keep and bear arms was so obvious and universally accepted that they did not include it the wording in our state Constitution - a presumptive error of epic proportions." # 2. The other reason is because until fairly recently, the Supreme Court was bound by United States v. Cruikshank, 92 U. S. 542 (Supreme Court, 1876) and it was ruled that the Second Amendment didn't apply to the states. However later it was ruled in McDonald v. Chicago that the Second Amendment applied to the states in 2010 http://www.thehighroad.org/showthread.php?t=756407 (Read Posts # 1 and #3) . "At that time, the controlling federal precedent was United States v. Cruikshank, 92 U. S. 542 (Supreme Court, 1876). The Court in Cruikshank held, among other things, that the Second Amendment did not apply to the States. That was, at the time, consistent with the ruling in Barron v. Baltimore, 32 U. S. (7 Pet.) 243 (Supreme Court, 1833) to the effect that the Bill of Rights did not apply to the States. A New Jersey state court was bound by those United States Supreme Court rulings on the federal question. It wasn't until later that SCOTUS began to apply, through the Fourteenth Amendment, the rights enumerated in the Bill of Right piecemeal to the States. And it wasn't until McDonald v. Chicago, 561 U. S. 742 (Supreme Court, 2010) that the rights described by the Second Amendment were applied to the States." So now that it was ruled that the Second Amendment DOES apply to the States...(including New Jersey, it still is a State...right?) Then all these anti-gun laws from long ago needs to be revisited as they were originally based on United States v. Cruikshank and not McDonald v. Chicago. But since McDonald v. Chicago is now in play, that should give cause and legal standing to bring New Jersey's gun laws in line with the rest of the states. How that could be accomplished? I would ask Evan Nappan or some other legal expert to look into this. But there is your crack in the wall, a weak spot in New Jersey's gun laws. "Mr. Christie, Tear Down this Wall!" 'if you seek peace the National Spotlight, if you seek prosperity for the Soviet Union and eastern Europe to be the leader of the free world, if you seek liberalization the Presidency, come here to this gate and change NJ gun laws. Mr. Gorbachev Mr. Christie, open this gate prove to the people that you are conservative and believe in the second amendment. Mr. Gorbachev Mr. Christie , tear down this wall! New Jersey's anti-gun laws! ' .
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NJ Law Re: Justifiable Need Expires Nov. 13th
In doing my research on the history of gun control, I found there are two laws from the 1920's which address Concealed Carry, Justifiable Need and Open Carry in New Jersey. The law for carrying a handgun concealed went in effect May 11 1924 However looking into to this further, it would appear that this applies to carrying concealed. And the reason why I say that, is because there was another law on April 3 1928 which seems to imply that carrying a pistol for hunting or target practice was OK. Meaning that it would seem that open carrying was OK until April 3 1928 when open carry was OK under limited conditions. Summary: So this means BEFORE May 11 1924 You could carry concealed, after that date you needed a permit. And BEFORE April 3 1928 You could open carry , after that date you needed a permit unless you carrying it for hunting or target practice. Justifiable Need Now what is justifiable need for a concealed carry permit May 11 1924? We have the answer and I will highlight the justifiable need portions. http://lawlibrary.rutgers.edu/cgi-bin/diglib.cgi?collect=njleg&file=148&page=0305&zoom=90 "If such application is approved by the chief of police or the sheriff, as the case may be, the applicant shall then present such application, so approved as aforesaid, to the Justice of the Supreme Court holding the circuit for the county in which the applicant is resident, who after investigation, and being satisfied of the sufficiency of the application, and of the need of such person carrying concealed upon his person, a revolver, pistol or other firearm shall issue a permit therefor. A permit so issued pursuant to the provisions of this act is sufficient authority for the holder thereof to carry concealed upon his person a revolver, pistol or other firearm in all parts of the State Of New Jersey." So this needs based carry (concealed) dates back to 1924. Limited Open Carry April 3 1928 Now what about April 3 1928? There was another law which restricts open carrying. http://lawlibrary.rutgers.edu/cgi-bin/diglib.cgi?collect=njleg&file=152&page=0384&zoom=90 "No person shall, without a license therefor issued as provided in the statute referred in the preceding section carry a pistol or revolver in any vehicle or concealed on or about his person except in his dwelling house or place of business or on land possessed by him" (After this is gives a long list of exceptions for law enforcement, military, SPCA (animal rights officer), guards, railway express, National Guard and so on.... Then we get to the civilian exemptions.) "Nothing contained herein shall prevent any person keeping or carrying about his or her place of business, dwelling house or premises, any such revolver, pistol, firearm or other weapon, or from carrying from any place of purchase to his or her dwelling house or place of business, from his or her dwelling house or place of business to any place where repairing is being done to have the same repaired and returned, or to carry a gun, rifle or knife in the woods or fields or waters of the State for the purpose of hunting or target practice. Whenever the words "pistol" or "revolver" are used in this act such words shall include a shotgun, rifle or other firearm with over-all length less than twenty-six inches. This act shall take effect immediately. Approved April 3 1928." I have read accounts on here and other forums that open carry was allowed in rural areas in NJ as late as the 1950's and 1960's until the Firearms ID Card law in 1966. Therefore it would seem that from April 3 1928 until 1966, a limited open carry was permitted in New Jersey. By the way, the Rutgers law library is great resource for looking up these old firearm laws.