Does anyone know if NJ's AWB has ever been challenged in Federal Court and if so, the name of the case?

 

Thank you!

Does anyone know if NJ's AWB has ever been challenged in Federal Court and if so, the name of the case?

 

Thank you!

 

No, it hasnt been. The federal ban followed ours 2 years later, THAT was never challenged, so Si dont expect ours to be anytine soon. And before anyone brings up McDonals, I believe SCOTUS will qualify our state AWB as "Reasonable".... note for those who have Difficulty Reading I DONT THINK IT IS "Reasonable" But I do believe SCOTUS would see it as so.

There was an attempt by the ANJRPC in the late 90's (or maybe it was 2000) to challenge the ban in the Supreme Court; the Court declined to hear it.

 

I don't know what the procedural history was, but I do remember reading about it.

What specifically does it require to effectively challenge such a ban? Financial backing? Well known attorneys? A nicely worded letter? All of the prior?

 

Anyone can reference what the other states do and why. But what methodology/technique might actually work here in NJ? Why does no one even seem to be trying?

 

And why does the NRA still ignore us, are we their lost cause? They can ask for donations once a week, why not give us something here for our money?

What specifically does it require to effectively challenge such a ban? Financial backing? Well known attorneys? A nicely worded letter? All of the prior?

 

Anyone can reference what the other states do and why. But what methodology/technique might actually work here in NJ? Why does no one even seem to be trying?

 

And why does the NRA still ignore us, are we their lost cause? They can ask for donations once a week, why not give us something here for our money?

 

All good questions and there are many answers that have been hashed and rehashed. The reason I was asking about the case is because I wanted to read the argument that had been made against the AWB. While doing some research I came across Title 38A of the NJ statutes. This says that everyone 17 to 45 who is not otherwise in the military is in the NJ unorganized militia. What this means to me is the NJ unorganized militia has been disarmed by the AWB. I don't think that argument has been made in court. After McDonald, that's a big problem for NJ because, currently, no one in the unorganized militia can have a militia purposed firearm.

What specifically does it require to effectively challenge such a ban? Financial backing? Well known attorneys? A nicely worded letter? All of the prior?

 

Anyone can reference what the other states do and why. But what methodology/technique might actually work here in NJ? Why does no one even seem to be trying?

 

And why does the NRA still ignore us, are we their lost cause? They can ask for donations once a week, why not give us something here for our money?

 

All good questions and there are many answers that have been hashed and rehashed. The reason I was asking about the case is because I wanted to read the argument that had been made against the AWB. While doing some research I came across Title 38A of the NJ statutes. This says that everyone 17 to 45 who is not otherwise in the military is in the NJ unorganized militia. What this means to me is the NJ unorganized militia has been disarmed by the AWB. I don't think that argument has been made in court. After McDonald, that's a big problem for NJ because, currently, no one in the unorganized militia can have a militia purposed firearm.

BCEagle mentioned probono 2A work. Maybe he'll lead the fight against the ban. I'd trade part my house downpayment I've saved for the right to own a M-1 Carbine!

What specifically does it require to effectively challenge such a ban? Financial backing? Well known attorneys? A nicely worded letter? All of the prior?

 

Anyone can reference what the other states do and why. But what methodology/technique might actually work here in NJ? Why does no one even seem to be trying?

 

And why does the NRA still ignore us, are we their lost cause? They can ask for donations once a week, why not give us something here for our money?

 

All good questions and there are many answers that have been hashed and rehashed. The reason I was asking about the case is because I wanted to read the argument that had been made against the AWB. While doing some research I came across Title 38A of the NJ statutes. This says that everyone 17 to 45 who is not otherwise in the military is in the NJ unorganized militia. What this means to me is the NJ unorganized militia has been disarmed by the AWB. I don't think that argument has been made in court. After McDonald, that's a big problem for NJ because, currently, no one in the unorganized militia can have a militia purposed firearm.

BCEagle mentioned probono 2A work. Maybe he'll lead the fight against the ban. I'd trade part my house downpayment I've saved for the right to own a M-1 Carbine!

 

I would be honored to do what I can, but I notice every so often on this board I am wrong on what I think should be legal. I do think there is enough 2A knowledge on this board that if we ever wanted to, I could probably put together something reasonable with the help of a few of the more knowledgable posters and I have no problem arguing as far as it goes. The hardest part of any good brief is the legal research.

I would be honored to do what I can, but I notice every so often on this board I am wrong on what I think should be legal. I do think there is enough 2A knowledge on this board that if we ever wanted to, I could probably put together something reasonable with the help of a few of the more knowledgable posters and I have no problem arguing as far as it goes. The hardest part of any good brief is the legal research.

 

 

Well my friend, while I personally don't know who you are or what you do (though I am suspecting attorney) I am here if there is anything I can assist with starting tomorrow. If it is $, I have a little to offer, though maybe others here would help as well if the situation warranted. If you need someone to do a bit of research, that up my ally. And letter writing is my specialty.

 

Just say the word. Maybe others will follow as well and we can collectively get something to the next level while this non-PC governor is still in office.

 

Better than doing nothing but wishing for better one day...hopefully in our lifetime.

Well, I finally found the Petition for Certiori for the challenge to NJ's AWB.

 

You can see it here:

http://www.stephenhalbrook.com/lawsuits ... ert.NJ.pdf

 

In short, the arguments agains the law are:

 

I. THE ACT IS UNCONSTITUTIONALLY

VAGUE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

II. THE NAME BAN VIOLATES FREE

SPEECH . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

III. THE CLUB-MEMBERSHIP REQUIREMENT

VIOLATES FREEDOM OF ASSOCIATION

 

This approach is understandable, considering that, at the time, the 2A was not incorporated (but hopefully will be in a few weeks).

 

So, this law has never been challenged on the grounds that it denies the militia (as per NJ Title 38A) the right to keep and bear arms for militia purposes, i.e. marksmanship and manual of arms training with the military's standard issue firearms and magazines.