John Parker is a homeless man, who legally acquired a handgun as a result of an inheritance. He lives in a public park. Does he have a Second Amendment Right to Carry the handgun?

I assume it would depend on the state, and public park ordinances

I don't think he can claim the public park as he legal residence.

Does federal law over ride state ?  could be an interesting case..

I don't think he can claim the public park as he legal residence.

But Obama let them use that address to vote ?

The park does not have an ordinance on the subject

Parker says that the Second Amendment is the law of the land, and applies in every State

If that's true its a very interesting case indeed

But Obama let them use that address to vote ?

 

OMG thats perfect

Great question.

 

Does one need an address to own a firearm.  These are the questions

 

How would the state issue him a State ID if he lives in a park or would they deny him an ID?

If they would issue him an ID then how can they deny him a firearms card or right to own it?

 

Living in a park. does that count as carry or home?

 

I would think since the person has no permanent address OR his ID's do not match his address it would be denied.

The park does not have an ordinance on the subject

Parker says that the Second Amendment is the law of the land, and applies in every State

 

Then Parker is going to prison, just like if you or I got caught carrying ( in NJ )  , regardless of location. 

My guess is is that since he is poor and he most likely is most in "need" of owning a firearm, he will not be allowed to carry or own it.  He will be forced to sell it or turn it over to the state for safe keeping.  If this is a real court case, I don't think he has a snowball's chance of winning.  It will be considered by the press to be a nuisance case and he'll be persecuted by the media and demonized by the public. 

 

C

He says he is allowed to own it because he legally inherited it and there is a record of that when his father's will was admitted to probate

He says the State does not accept guns for "safekeeping" and that if he tries that, he will forfeit the gun

He can't give the gun to a private person to hold, that would be an illegal transfer, right?

A judge let a homeless man in Morristown use a park bench as his address to register to vote about 15 or 20 years ago. It was a rather significant case that the ACLU got involved in. He also won a sizable judgement after suing the Morristown public library because they enacted a dress code (or used some other similar manner)  to keep him out after library users complained that he smelled and would stare at them.

A judge let a homeless man in Morristown use a park bench as his address to register to vote about 15 or 20 years ago. It was a rather significant case that the ACLU got involved in. He also won a sizable judgement after suing the Morristown public library because they enacted a dress code (or used some other similar manner)  to keep him out after library users complained that he smelled and would stare at them.

Exactly how would the park bench be addressed? And of course, could that be used for an FID/P2P?

Why does he need a P2P he is not purchasing a gun?

Why does he need a FID? he legally inherited the gun?

There is nothing that says that you have to have an address or own a home to legally inherit a gun, right?

If he lives in the park, and he is allowed to vote, isn't the park his home and isn't it legal to carry a gun in your home, without a carry permit?

A judge let a homeless man in Morristown use a park bench as his address to register to vote about 15 or 20 years ago.

 

Bill Clinton must have appointed THAT judge!

Why does he need a P2P he is not purchasing a gun?

Why does he need a FID? he legally inherited the gun?

There is nothing that says that you have to have an address or own a home to legally inherit a gun, right?

If he lives in the park, and he is allowed to vote, isn't the park his home and isn't it legal to carry a gun in your home, without a carry permit?

Fair enough. He doesn't need either, per se. But would he be able to get one, in order to further fulfill his second amendment rights?

Aren't most parks technically closed from dusk to dawn? Does this park happen to be in a school zone?

A judge let a homeless man in Morristown use a park bench as his address to register to vote about 15 or 20 years ago. It was a rather significant case that the ACLU got involved in. He also won a sizable judgement after suing the Morristown public library because they enacted a dress code (or used some other similar manner) to keep him out after library users complained that he smelled and would stare at them.

Friggin Kreimer. The kicker is I've head his family has money.

Yes, he has the right to exercise the Second Amendment.  Whether or not the government will allow him to exercise it is another matter altogether.

_{the answer to the question , at least here in NJ as the laws would suggest is...nope. he has no place to appropriately secure the firearm...no verifiable address and as a result no right to have it.}

 

MidwestPX, on 31 Oct 2013 - 10:05 AM, said:

Yes, he has the right to exercise the Second Amendment.  Whether or not the government will allow him to exercise it is another matter altogether.

sadly in NJ...there is NO second amendment right except by exception....which means there is no "right" only permission

Fair enough. He doesn't need either, per se. But would he be able to get one, in order to further fulfill his second amendment rights?

 

He would need the FID to buy ammo for it, if he wanted to, right?

_{the answer to the question , at least here in NJ as the laws would suggest is...nope. he has no place to appropriately secure the firearm...no verifiable address and as a result no right to have it.}

 

This is the answer imo....

 

They do not need to "deny his right to have one" he still has the right to have one.... He just has to follow the rules about ownership... And he can not technically do that without a home

The last time I read the 2A it said something like "the right to keep and bear arms SHALL NOT BE INFRINGED." Prohibiting John Parker from ownership of a firearm is obvious infringement and denial of a right.

The last time I read the 2A it said something like "the right to keep and bear arms SHALL NOT BE INFRINGED." Prohibiting John Parker from ownership of a firearm is obvious infringement and denial of a right.

As cool of an answer as that is go to your local ffl and ask them to transfer a full auto Mac variant.... Or maybe even just some 30 round mags... Obviously the answer is only practical burried on an Internet forum...

 

Being homeless does not negate nj gun law.... The law applies equally... So if he wants to keep the gun he has to have a residence to keep it at since he can not legally carry a handgun in NJ without a nj carry permit....

 

His home status is moot.... The bottom line is he can not carry the gun just by being homeless..

As per this ruling, a Park Bench can be used as an address.

 

http://www.dispatch.com/content/stories/local/2008/10/28/ajudgerule.html

As per this ruling, a Park Bench can be used as an address.

 

http://www.dispatch.com/content/stories/local/2008/10/28/ajudgerule.html

Different state.... Different situation.....

 

Obviously leaving a handgun on a park bench in a shoebox is impractical....

Even hypothetically if that is his "address" he can not carry the gun beyond the bench....

As cool of an answer as that is go to your local ffl and ask them to transfer a full auto Mac variant.... Or maybe even just some 30 round mags... Obviously the answer is only practical burried on an Internet forum...

 

Being homeless does not negate nj gun law.... The law applies equally... So if he wants to keep the gun he has to have a residence to keep it at since he can not legally carry a handgun in NJ without a nj carry permit....

 

His home status is moot.... The bottom line is he can not carry the gun just by being homeless..

Its not a "cool" answer, it is Mr Parkers right, and yours and mine. The State of Nj is in violation of the 2A. That is the entire issue.

Different state.... Different situation.....

 

Obviously leaving a handgun on a park bench in a shoebox is impractical....

Even hypothetically if that is his "address" he can not carry the gun beyond the bench....

Federal judge.  I remember this has come up several times and each time ti was held that one could use a public space as an address.

 

Hypothetically, this should extend to gun ownership as well.