Posted on 01/21/2013 5:29:29 PM PST by NewJerseyJoe
LEGISLATIVE WARNING FROM EVAN NAPPEN:
SOME NJ GUN BILLS COULD CANCEL ALL NJ FID CARDS, MANDATE POLICE TURN-IN OR FACE FELONY
By Evan F. Nappen, Attorney at Law (Exclusive to ANJRPC)
Out of the 23 bills recently filed in New Jersey, three dealing with mental health evaluations as a condition of issuance of FID cards contain potential severe unintended consequences that could invalidate every FID card in the state. They are A3688 (sponsors: Mainor and Jimenez), A3667 (sponsors: Cryan, O'Donnell, and Jasey) and A3676 (sponsor: Jimenez.)
All three of these bills require a mental health evaluation approved by the Superintendent of State police as a condition for issuance of a New Jersey Firearms Purchaser ID card under N.J.S. 2C:58-3c. Failure to do so is explicitly a "disability” under N.J.S. 2C:58-3c
A3676 also requires a privacy invading in-home inspection as a condition for issuance of an FID card, and A3688 requires submission of a list of household members with mental illness to the police to receive an FID card. Failure to obey these requirements are also explicitly "disabilities” under N.J.S. 2C:58-3c.
New Jersey law provides that an FID card is void if the holder becomes subject to a "disability.” Accordingly, if these bills take effect, ALL persons already holding an FID card who have not had the home inspection, psychological evaluation, or provided the list of household members (and thereby overcome the "disabilities” imposed by the legislation) MUST TURN IN their Firearms ID card to the Police. The turn in must be done within 5 days by law or face prosecution for 4th Degree Crime (Felony -18 months prison time.)
TAKE OUT YOUR OWN FID AND READ THE WARNING ON THE BACK.
These three bills have the potential to void every FID card in the state, and require their immediate return!
See for yourself. The law under NJS 58-3f. states:
"A firearms purchaser identification card shall be valid until such time as the holder becomes subject to any of the disabilities set forth in subsection c. of this section, whereupon the card shall be void and shall be returned within five days by the holder to the superintendent, who shall then advise the licensing authority. Failure of the holder to return the firearms purchaser identification card to the superintendent within the said five days shall be an offense under subsection a. of N.J.S.2C:39-10.”
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ANJRPC will continue to monitor this legislation (along with the dozens of others being monitored) and will alert you and request action on your part at key points in the legislative process.
Has anyone else noticed that all these new laws or proposed laws assign felonies for violation? With a felony, you can’t own a gun, vote and have other rights taken away. Possessing a single 20 or 30 round magazine is a felony, not a misdemeanor. Paperwork errors or mistakes ... felony. The ways gun and other laws are being written, everything is a felony even when not serious, paperwork errors or mistakes, or just about anything.
How long until they start making us wear gold stars on our shirts?
It’s coming....fast.
The left (er, now “progressives”) never take unintended consequences into account in their Gollumn-like fixation on their Precious, the secular Utopia, and while in their Gollum-like rage at anything that threatens it, like RKBA.
As a person who has started business enterprises and who helps others to do the same, I will never start a business in states such as New Jouisy. Moreover, what kind of person would move to CA, NY, NJ, CT, MD, or MA?
There is a massive conservative self-selection process going on under the radar. Conservatives moves out when they can and few conservatives move in. The reverse can be said for states like Texas.
With self-selection this is all peaceful and orderly. But should this delineation get too stark and there will come some future issue that will really fracture the relationship between red and blue states. Maybe it is time for these two groups to go their separate ways. This would be possible except liberals know down deep that the must dragoon as many people as possible into their tax and control system in order to pay for their secular Utopia. They will fight tooth and nail to keep anyone, or any group of states from escaping.
It's not rocket surgery.
not in a good mood tonight. too bad sandy didn’t send the whole frigging corrupt state into the sea, pollution be damned.
Out of the 23 bills recently filed in New Jersey, three dealing with mental health evaluations as a condition of issuance of FID cards contain potential severe unintended consequences that...
Are we sure those consequences are unintended?
Zactly! You would forfeit your guns, your liberty for a minimum of 18 months, unless they found you guilty of compounded felonies, such as being or presenting a danger ir threat to a disabled person and it will roll downhill from there.
The legislation defines mental illness in a few sections and describes merely “disabled” in others.
You could be partially disabled, working through physical therapy toward becoming whole again, for say a torn rotator cuff, from which you will never 100% whole or permanently disabled due to injury of your back, hios and any other malady which can be described as “disabled”.
You are FK’d if these pass and you live in NJ?
Massachusetts did something like this. It issued cards that did not expire. The cards said so, on their face. Years later, the state passed a law expiring the cards, and after about a year, a new generation of law-breakers was spawned. I believe there were convictions.
Did it ever get pushed up to the Federal level?
EGGCELLENT.
Sinful human nature is the same over the whole wide world. It’s foolish pride alone that makes the leftist retort “oh we’re so special, we would never let it happen like all those other loser places.”
Good question. I don't recall. I learned about the change in law by reading a case, but I don't recall if the case was decided by a state court or a federal court.
I'll see if I can find the case, and if I do, I'll post a link to it. I do recall that the consequence to the gun owner was upheld, but don't know if he escaped his encounter with the law with only loss of his guns, or if he was imprisoned or otherwise punished. I do recall that he was otherwise law abiding. That is, the lapse of his permanent card was the basis for the case.
Thankfully I don't! :-)
Word to my friend/s in NJ. I ain't Snake Pliskin.
Bttt
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