NEW JERSEY COURT RECOGNIZES SECOND AMENDMENT AND HOLDS THAT IT TRUMPS GUN FORFEITURE LAW

Website News ^ | 3/19/07 | Evan Nappen, Attorney at Law

[Revtwo]

A New Jersey Superior Court has recognized the Second Amendment of the U.S. Constitution and held that a citizen’s Constitutional Right to Keep and Bear Arms cannot be involuntarily waived under a New Jersey firearms forfeiture law.

“The recognition of Second Amendment rights in New Jersey is long overdue,” said attorney Evan F. Nappen, whose law firm (including Richard V. Gilbert, Esq. and Louis P. Nappen, Esq.) represented appellant Dennis W. Peterson in the Warren County case. “In this appeal, the Second Amendment was applied to New Jersey via the Constitutional doctrine of fundamental fairness, overcoming a significant legal hurdle needed for the Federal Bill of Rights to apply to the State.”

This decision coincides with the recent Parker v. District of Columbia case, in which the U.S. Court of Appeals for the District of Columbia struck down a decades-old handgun ban in Washington, D.C. on the ground that it violates the Second Amendment.

“The legal significance of the Second Amendment is finally being recognized by American courts,” Nappen continued, “and this New Jersey case is part of a growing trend in American jurisprudence.”

[pissant]

Thank goodness. My NRA $$ is paying off.

[facedown]

The beat goes on.

[oh8eleven]

Wow, two courts in about a week actually recognizing the Constitution. Maybe there's hope after all.

[geo40xyz]

WOW, a New Jersey judge up-holds 2nd Amendment. What's next?

[Petruchio]

added the banglist keyword so the list can find it.

[Graybeard58]

Thank goodness. My NRA $$ is paying off.

But not in the D.C. case, which the N.R.A. would have nothing to do with.

[pissant]

I think that's a mischaracterization. They have always supported lifting the onerous gun control laws in DC.

[labette]

"What's next?"

More socialist wailing and scheming.

[goldstategop]

Cool! A double-barreled defeat for the gun-banning nuts on the Left.

"Show me just what Mohammed brought that was new, and there you will find things only evil and inhuman, such as his command to spread by the sword the faith he preached." - Manuel II Palelologus

[Graybeard58]

"I think that's a mischaracterization"

You are right, it was a mischaracterization for me to say the N.R.A. would have nothing to do with the D.C. case. They actually opposed it.

http://www.freerepublic.com/focus/f-news/1803404/posts

[dangus]

The scope is very small, but the precedent is huge. The guy voluntarily relinquished firearms he had had on him during a domestic dispute. Four years later, NJ wrote a law denying the right to own a gun to anyone who had previously had a gun siezed or voluntarily relinquished a gun.

The immediate crisis is sort of an ex post facto: a man was denied his rights for an action he committed before the law depriving of his rights was written. Hence, the tiny scope: The NJ law isn't necessarily unconstitutional, since NJ may have a valid reason for its deprivation of rights. But what is huge is the courts recogniztion that the NJ deprives people of an actual right: to bear arms.

[E. Pluribus Unum]

The courts are where the real power lies in determining the direction of the country.

Whether a particular Republican President is as pristinely conservative as would be desired is not nearly as important as who they get confirmed to the USSC.

The fact that the USSC is decidedly more conservative than when Dubya entered office sends a message to lower courts, and we are seeing their response to that message in these recent decisions.

Dubya has disappointed me in many ways, but Presidents are in power for eight years at most.

Judges are in power for life.

[tcostell]

UN-F'ING BELIEVABLE!!!!! In NJ of all places!!!!

Suddenly I feel faint.

[trimom]

More socialist wailing and scheming.

OOOOH! Good! This should be fun. I'll bring the chips. Who's got the cheese tray? LOL

[Blue Collar Republican]

ping

[paulcissa]

Mr. Nappen is a treasure for us NJ residents. If not for his hard work and dilligence, we'd be disarmed state-wide by now. Given the current state of our elected officials, it's amazing this ruling has been rendered. Thank you Evan!

[TomGuy]

First, Washington DC and now New Jersy.


[Has a massive dose of sanity been released on our courts????]


Libs will go into meltdown.

[pissant]

The NRA wants to get the most important gun rights issues before the SCOTUS after one of the other libs croaks. It is a strategy, but they certainly have lobbied forever to kill the DC gun control regime.

[HEY4QDEMS]

Didn't a Federal court already make in similar ruling within the past few weeks?

If so, wouldn't this ruling merely be symbolic?

[Virginia Ridgerunner]

[labette]

I predict "The Brady Center to Promote Genocide" will be the first to put forth a reply.

[goldstategop]

No stae may pass an ex-post facto law or bill of attainder. I think its incontrovertible they cannot pass an absolute ban on private gun ownership without running afoul of the Second Amendment.

"Show me just what Mohammed brought that was new, and there you will find things only evil and inhuman, such as his command to spread by the sword the faith he preached." - Manuel II Palelologus

[beltfed308]

WOW! Another individual right ruling along with striking down expo facto enforcement. Lovely.

[Tijeras_Slim]

I don't care if it's Tiny Tim getting these decisions, I say we keep up the momentum and hammer the antis into the dust.

[cowboyway]

Hillary's reaction........

[Calpernia]

This is NJ, right?

[padre35]

The plantiff Levy would have nothing to do with the NRA.

The NRA had tried to get the Congress to repeal the DC council's civl rights ban.

[Billthedrill]

A good-news BTT. I am currently involved in a vigorous discussion over the 2nd Amendment with a fellow whose considered opinion is that the Constitution says whatever the courts say it says. "Living document" garbage. We'll see if that tune changes any...

[M203M4]

Al Gore visits hell twice in two weeks! Hey Al Gore, go back to hell!

/Gore effect

[rellimpank]

-b-

[mkjessup]

First, Washington DC and now New Jersey.
[Has a massive dose of sanity been released on our courts????]
Libs will go into meltdown

Unless liberals suddenly start arming themselves in preparation for a wider ranging political conflict...?

Rush Limbaugh has said that liberals out of power are comical, but *armed* liberals in OR out of power?

Could it be 1917 all over again but this time in America?

Just food for thought.

[rellimpank]

--The NRA had tried to get the Congress to repeal the DC council's civl rights ban.--

--got a link for that?

[paulcissa]

Yup, Warren County.

[Alberta's Child]

I wonder if these court decisions are along the lines of a "Roe v. Wade in reverse" -- where courts make decisions (correct ones, in these recent cases) simply to let legislators walk away without enacting legislation themselves.

The New Jersey court has rendered a decision that few -- if any -- New Jersey legislators would have the b@lls to support in public.

[wastedyears]

Moonbats everywhere crying in corners.

[Calpernia]

OMG, there is a ray of hope outside my window!

I'm taking a picture before it's gone.

[trimom]

I predict "The Brady Center to Promote Genocide" will be the first to put forth a reply.


OK, that's sure to be fun to watch. This is better than March Madness!

[RedStateRocker]

"Whether a particular Republican President is as pristinely conservative as would be desired is not nearly as important as who they get confirmed to the USSC."

Ding ding ding... we have a winner.
Most sensible thing I've heard all day

[4yearlurker]

Well slap me silly and call me Willy! This happened in the People's Republic of Joisey?!!

[Joe Brower]

I wonder how much influence the recent Parker v. District of Columbia case had on this ruling.

In any case, certainly a decision that is as welcome as it is surprising.

[Graybeard58]

The organization (N.R.A.) has fought this suit every step of the way. The question is, why?

The NRA has said it's because they don't think the current makeup of the U.S. Supreme Court is right for a Second Amendment case.

http://www.freerepublic.com/focus/f-news/1803404/posts

And yet:

Ruth Bader Ginsburg, Antonin Scalia and David H. Souter said in a 1998 dissent that "bearing arms" goes beyond a collective right in the context of a well-ordered militia. Combined with the votes of recent conservative appointees, the high court could sweep away draconian laws that don't even allow the possession of a handgun to protect yourself and your family in your home.

http://www.freerepublic.com/focus/f-news/1803399/posts

There may never be a better time for the Suopremes to hear a 2A case than now. The makeup of the court could possibly get worse. Even Buzzy Ginsburgh seems to be thinking right on this one.

[dirtboy]

WOW, a New Jersey judge up-holds 2nd Amendment. What's next?

Damn, I work in PA five miles from Trenton. I'm gonna have to watch for stray flying pigs all week now.

[P-40]

WOW, a New Jersey judge up-holds 2nd Amendment. What's next?

I don't know but I'm too busy to worry about it now. All my pigs flew away!

[Feiny]

While it is sad this was even necessary.....

HOORAY FOR 2A

[Leatherneck_MT]

Looks like the Courts are finally beginning to recognize the FACT that the US Constitution is the Supreme Law of the land.

Has to be making the gun grabbing maggots in this country livid.

[NorthFlaRebel]

Yes, the scope is very small and I agree the precedent may be huge if this can lead to all ex post facto laws being struck down. It sounds like here that the court stopped short of saying such laws are unconstitutional, but only that the law in this case would specifically violate the 2A.

This was really a "no brainer" for any court. I notice the prosecutor is appealing, which is probably a good thing in the long run.

[Domandred]

Did I get to bizarro world and not realize it? Suddenly the courts are upholding gun rights after 70 years of beating them down?

What's next? The nation recommending that all citizens be armed again?

[ontap]

The Dems have been lukewarm on gun control for a while, I predict not much of a reaction. they've had their heads handed to them several times since the "GREAT BRADY BILL" was passed and they've lost the stomach for it. They say just enough to keep the base on the reservation.

[Calpernia]

Picture from the window of my NJ home:

A gaggle of pigs, I tell you!