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illy

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Everything posted by illy

  1. Here's the link to the AG's directive: http://www.state.nj.us/lps/dcj/agguide/pdfs/Graves-Act-Oct23-2008.pdf
  2. No, that's how the Graves Act works: No judicial discretion. Only the prosecutor or AG can make a motion for anything less than the mandatory minimum. And that motion has to get reviewed by the Assignment Judge (top judge in the county). The AG's directives aren't binding on the Court, BUT, since the law already puts all discretion in the prosecutor/AG's hands, the 2008 directive means that no one is getting any kind of break in a gun case.
  3. ^This. If the fuzz isn't enforcing and/or your secret stays secret, you'll make it. Otherwise, following NJ-style transport rules will do nothing for you.
  4. I spoke to former judge about this today (strongly pro 2A). He said when it comes to guns, trial court judges' hands are tied by the Graves Act and the AG's directives (issued 2008). He said it's so bad that dismissals, PTI and waivers (or even reductions) of the mandatory minimum are presumptively prohibited. If a judge sentences someone to probation or prison time less than the minimum without the prosecutor or AG's consent, the prosecutor HAS to move for a stay of the sentence and file an appeal. In other words, when it comes to guns, the judge has to ask the prosecutor permission to exercise any discretion. Totally effin backwards. He also said the NJ's only hope (for carry, ending the AWB, etc.) is Federal legislation. Short of that, nothing is going change for the better.
  5. That's probably right. Plus, he may have been outside his "home" when he threatened the worker. Also, note that this guy's bail was $50k/10% even though he actually brandished a gun and Keith Pantaleon's was $75k / no 10%.
  6. If she knows or has reason to believe that he's a prohibited person, it's illegal. Also, if (as in the Sup. Ct. you referenced) Mr. Jones gives Mrs. Jones the money and says "buy this gun under your name, then give it to me" it would be illegal. But a legitimate gift purchase is perfectly legal. Seems like a minor difference, but that's the law as it stands.
  7. How is it with the chambers empty? Does it move freely or is it still stiff?
  8. Duplicate
  9. Would have to be of smaller caliber, like 32 ACP for a 9mm (though even that would be a tight fit. 25 ACP would be better), 9 for 40, etc. (The rim on a 9mm case is just under 10mm).
  10. From the instructions on the 4473- Question 11.a. Actual Transferee/Buyer: For purposes of this form, you are the actual transferee/buyer if you are purchasing the firearm for yourself or otherwise acquiring the firearm for yourself (e.g., redeeming the firearm from pawn/retrieving it from consignment, firearm raffle winner). You are also the actual transferee/buyer if you are legitimately purchasing the firearm as a gift for a third party. ACTUAL TRANSFEREE/BUYER EXAMPLES: Mr. Smith asks Mr. Jones to purchase a firearm for Mr. Smith. Mr. Smith gives Mr. Jones the money for the firearm. Mr. Jones is NOT THE ACTUAL TRANS- FEREE/BUYER of the firearm and must answer “NO” to question 11.a. The licensee may not transfer the firearm to Mr. Jones. However, if Mr. Brown goes to buy a firearm with his own money to give to Mr. Black as a present, Mr. Brown is the actual transferee/buyer of the firearm and should answer “YES” to question 11.a. However, you may not transfer a firearm to any person you know or have reasonable cause to believe is prohibited under 18 U.S.C. § 922(g), (n), or (x).
  11. That's a really good practice. It's the same as "Every gun is always loaded". Have set rules, never break them and you'll always be safe.
  12. FWIW, the PTI program director DID recommend her for PTI. She was rejected by the prosecutor with no mention of a prior record. And a criminal record will generally bar you from PTI. If she does have an arrest record it wouldn't make sense that: A. She got a carry permit in Philadelphia. B. She was recommended for PTI. C. The prosecutors office didn't include that record among the reasons for rejecting her application. Not saying it's impossible, but it does seem unlikely.
  13. You have to also take into account the fact that there has been a big spike in membership over that last year and a half (since Sandy Hook). That represents an opportunity for the NRA to convert those people into life members, which actually increases revenue. Just to use round numbers, you get 1m new members at an average of $30. That's $30m this year. If 20% of those joined because they got freaked out by the gun control push, but subsequently don't renew, you lose $6m. But if you can convert 10% of them to the $25 every 3 months life membership, you'll add $10m for a net gain of $1m the first year and $10m/year for the next 4 years. There's also the chance that you'll keep some of the non-renewers onboard as life members (you know, the ones who want to support but are too busy/lazy/forgetful to actively renew every year). FWIW, there are still benefactor, patron, etc levels, all the way up to people who give $100,000+ for those who want the prestige. I'm not sure that joining at the lowest life member level was ever that prestigious. Plus, like you said, if you believe in the cause, you'll support it anyway.
  14. Seems this dude has been flying that flag periodically since before ISIS ever existed. http://www.nj.com/union/index.ssf/2014/08/garwood_resident_removes_isis_flag.html#incart_river
  15. I just watched season 1 of The Fall on Netflix http://www.rottentomatoes.com/mobile/tv/the-fall/ Only 5 episodes, but very good. Second season coming in a couple of months.
  16. http://pittsburgh.cbslocal.com/video/10465444-plum-family-robbed-and-held-at-gunpoint/
  17. NJ and gun laws = never simple. See e.g. Hence Vald G's advice below: At the end of the day, to quote NJ State Appelate Court Judge David Baime: "When dealing with guns, the citizen acts at his peril."
  18. A semi-automatic firearm should be considered to be "substantially identical," that is, identical in all material respects, to a named assault weapon if it meets the below listed criteria: A. semi-automatic rifle that has the ability to accept a detachable magazine and has at least 2 of the following: a folding or telescoping stock; a pistol grip that protrudes conspicuously beneath the action of the weapon; a bayonet mount; a flash suppressor or threaded barrel designed to accommodate a flash suppressor; and a grenade launcher; You the detachable magazine and the pistol grip. That makes a flash hider illegal, whether it's pinned or not. IF it's a flash hider.
  19. Scrub, scrub, scrub.

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