Posted on 08/02/2010 4:47:30 AM PDT by marktwain
Some gun control advocates have declared that the McDonald case (and the Heller case before it) will not affect most laws currently in place because they simply constitute “reasonable regulation” of the purchase and possession of guns. However, nowhere in either Heller or McDonald did the Supreme Court rule that so-called “reasonable” laws are valid under the Second Amendment.
Accordingly, anyone who defends a law claiming that it is “reasonable” is not stating any legal standard or offering any basis upon which to judge whether such a law would survive a legal challenge.
As it turns out, New Jersey gun law offers fertile ground for challenge, not merely because the state has such strict laws but because New Jersey law is exceedingly aggressive toward the law-abiding gun owner.
New Jersey’s regulatory scheme is highly unusual in that it approaches gun control by categorically banning guns and then carving out extremely limited exceptions to the prohibitions.
(Excerpt) Read more at northjersey.com ...
One who owns a gun is a citizen.
One who does NOT own a gun is a subject.
Choose wisely.
Maybe this will stop the thugs/criminals/felons (take your pick) .. from owning weapons?
Bottom line is that the People’s Republic of New Jersey sucks as a whole. Corrupt politicians,Lautencadever,Menendez and the most oppressive gun laws against law abiding citizens along with the jack booted state police gives one many reasons to get the hell outta there.
When NJ finally starts getting lawsuits over right to carry, they are going to be kicking and screaming. Unfortunately, the police think they have the right to determine whether or not someone has a “justifiable need” to exercise their 2A rights. Heck, I even had a retired Port Authority cop tell me that NJ would never have right to carry because: “The PBA (police unions) would never allow it.” He looked at me kind of funny when I politely informed him that the PBA doesn’t make the law in NJ. That’s just the typical mindset of a lot of LEO’s here, and it’s going to take a lot of lawsuits to change this type of mentality.
I’ve lived in Jersey and there are plenty of good citizens with guns there.
They’re farmers, or they’re old and rich, or up in horse country or down in the bogs of the south or just about anywhere except the cities along the corridor, and of course the liberal/socialist hot spots such as Princeton, Trenton and Camden.
Stay out of the cities and don’t make a spectacle of yourself, and the police generally leave you alone.
I’m not especially fond of police as they exist in the US today, but the NJ cops overall seem to be doing the best they can with what they’re dealt, and individually I have found that they are often sympathetic to gun ownership. The union bigwigs are another thing entirely.
Of course, all of this depends on a Supreme Court that ruled the Second Amendment is an individual right by the smallest of margins!
Otherwise, we could have a SCOTUS that easily rules that you can only posess firearms in your house.
It was hoped by the Second Amendment Community that Christie would change this or at the very least arrest its progress.
But since he decided to follow the advice of the Kean duo - Daddy and Mini-Me Kean Jr., two anti-Second Amendment nuts from the elitist left wing of the Jersey GOP and appoint Democrat anti-gun Attorney General Paula Dow, the situation there will continue to decline.
My guess is Little Tommy Kean Jr. whose meteoric rise to GOP Senator Leader was undoubtedly assisted by Daddy Tom Kean Senior, has hopes of running for Congress (God Help Us) and feels that the support of Essex County Democrats might be gained by picking a Democrat AG. Besides, the Keans don’t like guns anyway - at least in the hands of unwashed peasants.
The difference here in NJ is that NJ State Constitution is one of two states that does NOT have a RKBA explicitly stated in the State Constitution.
Following in this Constitutional legal framework is the logic used for the exceptions to prohibition in NJ, as compared to the exceptions of natural born rights in most other jurisdictions in the country.
Heller and the NJ Constitution are are logical extremes regarding this, however i highly doubt a US Sepreme Court will ever be willing to hear a case, the Court would have to divine the dividing line between the 10th Amendment Rights of States, and the 10th Amendment Rights of Individuals.
There are 6 states that have no state constitutional provision protecting the right to keep and bear arms. They are: California, Iowa, Maryland, Minnesota, New Jersey, and New York.
http://www.law.ucla.edu/volokh/beararms/statecon.htm
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