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Perfect class action case?

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http://www.nj.com/hudson/index.ssf/2010 ... ed_on.html

 

Search for Jersey City stabbing suspect leads to arrest of 3 on gun charges

 

Three Jersey City men were arrested on gun charges early this morning, according to police reports.

 

Police were in the area looking for a suspect in the fatal stabbing of 19-year-old man at 790 Bergen Ave., when they came across a large group in front of 353 Forrest St., according to the report.

 

Cops thought they saw a man fitting the description of the suspect with the group and ordered everyone to the ground, the report said.

 

Everyone complied except three men, who were leaning against a black Durango. Cops asked the men again to get to the ground and they did. At that point an officer saw a silver Smith and Wesson .38 special on the ground near the men. They also found a live .38 special round under one of the men, according to the report.

 

A witness to the stabbing looked at the man fitting the description of the stabbing suspect and said it wasn't him, according to the report.

 

Seth T. Bowen, 35, of Lexington Avenue, Damon Steed, 32, of Forrest Street and Elliot Steed, 22, also of Forrest Street, were arrested with unlawful possession of weapons. All three also had several open arrest warrants, according to the report.

 

A fourth man, Bision Jordan, 21, of Fairmount Avenue, was also arrested at the scene for having three open arrest warrants out of Jersey City Municipal Court, according to the report.

At that point an officer saw a silver Smith and Wesson .38 special on the ground near the men.

 

In PLAIN sight. Not a good case for anything.

At that point an officer saw a silver Smith and Wesson .38 special on the ground near the men.

 

In PLAIN sight. Not a good case for anything.

 

 

Not to mention "probable cause"......

 

Class action for who????

Jersey City guys involved in a stabbing are not good candidates for class action lawsuits to bring about legislative changes in NJ.

 

McDonald and Heller, both had very clean cut, "perfect example" type people as the plaintiffs.

 

What it will take is someone with a clean record in NJ to be willing to get denied a CCW, take it to court, and win after appeals.

  • Author
Jersey City guys involved in a stabbing are not good candidates for class action lawsuits to bring about legislative changes in NJ.

 

McDonald and Heller, both had very clean cut, "perfect example" type people as the plaintiffs.

 

What it will take is someone with a clean record in NJ to be willing to get denied a CCW, take it to court, and win after appeals.

 

The guys who were arrested, weren't arrested for stabbing anyone, they were just arrested for weapons possession.

The guys who were arrested, weren't arrested for stabbing anyone, they were just arrested for weapons possession.

 

The weapons were in plain sight. It's not illegal search. If you intend to declare that the law is unconstitutional, you don't violate the current written law and THEN claim it is unconstitutional... You apply for a permit, get rejected and THEN sue the state.

 

In addition, it is likely that these actors were not permitted to possess weapons. My opinion is based on this:

All three also had several open arrest warrants, according to the report.
  • Author
The guys who were arrested, weren't arrested for stabbing anyone, they were just arrested for weapons possession.

 

The weapons were in plain sight. It's not illegal search. If you intend to declare that the law is unconstitutional, you don't violate the current written law and THEN claim it is unconstitutional... You apply for a permit, get rejected and THEN sue the state.

 

In addition, it is likely that these actors were not permitted to possess weapons. My opinion is based on this:

All three also had several open arrest warrants, according to the report.

 

yeah that's true.. my thoughts were based on them having permits to own, not to carry..

Jersey City guys involved in a stabbing are not good candidates for class action lawsuits to bring about legislative changes in NJ.

 

McDonald and Heller, both had very clean cut, "perfect example" type people as the plaintiffs.

 

What it will take is someone with a clean record in NJ to be willing to get denied a CCW, take it to court, and win after appeals.

 

If someone in Jersey is filling a lawsuit becuase they were denied a concealed carry permit then I would donate towards their legal fees. And I bet guys here would too!

Jersey City guys involved in a stabbing are not good candidates for class action lawsuits to bring about legislative changes in NJ.

 

McDonald and Heller, both had very clean cut, "perfect example" type people as the plaintiffs.

 

What it will take is someone with a clean record in NJ to be willing to get denied a CCW, take it to court, and win after appeals.

 

If someone in Jersey is filling a lawsuit becuase they were denied a concealed carry permit then I would donate towards their legal fees. And I bet guys here would too!

 

Mark my words, let me say this here. Because people think I am an asshole but am a good guy if you actually know me.

If any otherwise eligible NJ resident is denied a CCW permit post-McDonald and is filing suit with the intention of challenging the denial in as high of a court as possible, I will donate $200 to their legal fee.

Why does it need to be post-McDonald? Seems to me that anyone who was ever denied a permit in NJ is now eligible to sue. Any takers?

Why does it need to be post-McDonald? Seems to me that anyone who was ever denied a permit in NJ is now eligible to sue. Any takers?

Because until SCOTUS incorporated the 2nd Ammendment in the McDonald Case, the 2nd Ammendment DID NOT APPLY to the states. The states were ONLY bound by their own State Constitutions..and NJ's doesnt hav an RKBA provision. Unfortunately FAR roo many people love to Quote the Constitution without ever REALLY understanding What it is, What it does, and How it Works.

I agree with kpdpipes......perhaps the first big fight in nj should be that the 2nd amd. be added to the state constitution first......

I agree with kpdpipes......perhaps the first big fight in nj should be that the 2nd amd. be added to the state constitution first......

 

never happen without a sea change in both the population and politicians.. PLUS, it's now unnecessary with the McDonald Decision. Incorporation take out the "out" the state had. WHat i would LIKE to soo is someone Like the 2nd Ammendment Foundation take on the wording of Title 2C:39. The law prohibits possession of any firearm..then lists the exceptions, which is the primary source of confusion when it comes to NJ law, the statute is self-contradicting on numerous levels, IMO by Design, since the more confusing a law is, the easier it is to twist the meaning..

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