Skip to comments.19 States Join Lawsuit Against NJ Gun Law
Posted on 03/12/2014 12:02:30 PM PDT by neverdem
Support is mounting for a lawsuit that challenges New Jersey's tight restrictions on handgun ownership and its high standard of "justifiable need" for carrying a weapon outside the home.
Nineteen states as well as the powerful National Rifle Association have joined the case's plaintiff John Drake, who in his lawsuit claims he was denied a permit following a thwarted robbery attempt on his Sussex County business.
Drake lost his appeal before a three-judge panel of the 3rd U.S. Circuit Court of Appeals last year and now a growing number of states, led by Wyoming, are asking the U.S. Supreme Court to hear the case, claiming New Jersey was wrong when it determined that the business owner failed to prove "justifiable need" to carry a gun under state statute.
Drake's suit also claims that his right to bear arms under the Second Amendment has been violated...
(Excerpt) Read more at newsmax.com ...
I was kind of surprised to see that Tennessee isn’t one of the states joining the lawsuit.
A bureaucrat’s approach is to create a permitting process and then deny permits. It’s not me, you understand, it’s this faceless permitting process. That way they didn’t do anything unconstitutional or illegal. They just set up a “reasonable” process, probably to “prevent crime and keep the children safe.” (Those were the reasons given by the Nazi party to first register and then seize all the privately owned guns.)
“Most New Jerseyans don’t want to have to worry that the guy they’re fighting with over a parking spot might be packing heat.”
That is why an armed society is a polite society. Maybe if you DO have to worry about it, you will be less likely to fight with him. I’ll bet you’ll be less likely to throw popcorn in his face at a theater too.
“States have broad powers to set gun policy, and in ours, a strong majority supports strict laws,” the editorial noted. “Most New Jerseyans don’t want to have to worry that the guy they’re fighting with over a parking spot might be packing heat. That’s why you need to show justifiable need to carry a handgun here.”
No, states do NOT have broad powers to restrict constitutional rights. And your stupid liberal argument about “gunfights over parking spaces” has not materialized despite the fact that MILLIONS of people in free states carry firearms daily.
Good news bump!
These are the states joining in:
The coalition of states joining Wyoming in support of Drake includes: Alabama, Alaska, Arizona, Arkansas, Florida, Georgia, Kansas, Kentucky, Louisiana, Michigan, Missouri, Nebraska, New Mexico, Ohio, Oklahoma, South Carolina, South Dakota, and West Virginia.
(s) when seconds count in saving your life, please fill out form 26-g13 in triplicate and await a official response in 6-18 weeks.
The truth is that liberals do not trust people.
Everybody still want fat Kristie as prez candidate from RINO party?
Isn’t walking or traveling through most of NJ automatically a justifiable need?
Yeah, they don’t want to worry about a smaller or older person being able to protect himself or herself from a thug’s attack. They just want the bigger, stronger person to be able to throttle them with impunity. Apparently in NJ, might makes right.
Pardon my edit. (-:
Only liberals think that being a victim of a crime makes you morally superior to a person who defends themselves.
What if the guy in the other car is drunk, and runs over the Libtard’s foot?
He could end up in a wheelchair at the local ObamaScare processing center.
We should ban cars.
How do we get Texas to join in with the nineteen?
I stand by my original statement. Liberals believe that everyone is as evil as they are and that at any moment the gun will make you lose your mind and start shooting people at random.
That may be the case given that liberals demostrate all manner of ‘magical’ thinking.
Camden for sure.
Yep, it is a classic case of projection. Liberals do not trust themselves to not become gun wielding lunatics therefore they project that same distrust on you.
Most New Jersyans who jump through all the hoops necessary to obtain a permit won't be the type to "go Postal" over a parking space.
yeah liberals think everyone is a mentally ill as they are...
LOL LOL LOL
That's because they ALREADY ASSUME that the other guy has a weapon if they don't have one!!!
is the mutt trying to say that ghettobangers carrying illegal guns don't drive/have cars??? sounds racis to me...
As soon as the Berlin police picked up the 20,000 or so weapons owned by Jews in the city, the SA (Brown Shirts) launched the Kristallnacht terror riots against Jewish-owned businesses and Jews generally. The interval was only two weeks, proving the correlation and the corrupt intent of the law.
Surprised Texas is not on the list!
Yes, he will change his stripes for the election. Then change back after being elected.
“I was kind of surprised to see that Tennessee isnt one of the states joining the lawsuit.”
On October 14, Breitbart News reported on the story of media consultant Brian Aitken, who was arrested, tried, and imprisoned for having locked, unloaded, and legally-purchased handguns in the trunk of his car while moving to a new residence in New Jersey so he could be close to his son.
Later on the 14th, Aitken spoke with Breitbart News about his ordeal, explaining how the 2009 arrest came about and how it took the most precious person in his life from him: his son.
When we asked Aitken to explain how the arrest itself came about. "Back in 2009 I had just moved from Colorado to New Jersey to be closer to my son during a divorce: I had been living at my parents house for a few days and was planning to move to Hoboken. I called the New Jersey State Police and asked them how to transport my firearms and I did exactly what they told me to do."
"While I was driving to Hoboken I received a call from the Mount Laurel Police Department. They told me my mom had placed an 'abandoned 911 call' and they were worried I was the victim of domestic violence," he continued. "They wanted me to return home to 'check me for bruises.' I told them I was never assaulted and that my mother was probably the most peaceful woman on the planet."
"Their entire approach struck me as disingenuous and odd," Aitken recalled. "He then said he wanted to make sure I wasn't suicidal. I told him I wasn't. I asked if I was legally obligated to return and the officer said no. We hung up and I kept driving north."
"A minute later the officer called back and told me he had issued a state wide General Alert and that all police were on the lookout for me," Aitken said. "Even though I wasn't a suspect in a crime he told me I would be taken in and my car impounded if I didn't return immediately. Under threat of arrest, I returned."
"Things didn't get much better when I got back," Aitken explained. "My car was packed from floor to ceiling and they wanted to search it, again without probable cause. When I pushed back on them about requiring a warrant they threatened me with being sent to a psychiatric hospital for 72 hours if I didn't consent to the search."
"They told me that they could force the hospital to take me and as part of the process would impound my car and take an inventory of my cars possessions--effectively searching my car without having to go through a judge for a warrant. I wanted to do the right thing. I didn't want to create any unnecessary hardship for myself or my family." Aitken stressed: "I consented under duress. I regret that decision every day."
Aitken explained how the ordeal lead to him being barred from seeing his son: "A year before I was arrested Governor Jon Corzine (D) amended the Graves Act and changed possession of a firearm from a Fourth Degree Felony to a Second Degree Felony. In the eyes of the law, possessing a firearm was the same as using a firearm in the commission of a violent crime--even if that firearm was legally owned."
"After I was indicted of a victimless and violentless charge, with no prior criminal record, a family judge interpreted the charge to mean that I was a violent criminal with access to firearms and that fathers who own guns pose a threat to their children," he stated. "He imposed restrictions on my custody that in four years I have been unable to meet."
The saga continues for Aitken. Although Governor Chris Christie (R) commuted Aitken's sentence after he had served four months of a seven year sentence, he is still labeled a felon and therefore cannot own a gun, cannot vote, and cannot travel internationally (his passport was revoked for a felony conviction). More importantly, he is still unable to see his son--the very person he was moving to New Jersey to see.
His mother called 911 and then hung up before the dispatcher answered. The 911 operator immediately traced the call and called her back. Only 20 minutes before, her son Brian had been denied seeing his son by his wife who was in the process of a messy divorce with Brian. It was obvious she was using their son as a weapon in the fight and deliberately reneged on an agreed visit. Brian was justifiably upset, but no more than anyone would be in that situation. He simply got in his car and began the drive north to where he was staying. His mother, however, was a former “grief physiologist” or something, and thought it was her duty to call the cops on her son, because she knew he had legally obtained and stored guns locked in his trunk, and she hated guns. I bet she completely regretted her actions, but she enabled the out of control NJ cops, prosecutor, and judge to get her son sent to state prison with violent criminals.
This is great. Our conservative collective needs to combine to battle these communists.
Why didn’t Christie simply pardon him?
You are making the assumption that New Jersey Democrats are minimally equipped with the intellect to know when lethal force is mandated. They will shoot each other over the level of human caused climate change.
I'm not saying this is a bad thing, however. Anything that culls the congenitally stupid is bleach in the shallow end of the gene pool...
>> the guy theyre fighting with over a parking spot
Yeah, and that’s a fight worth having... /s
>> Why didnt Christie simply pardon him?
Maybe because he’s not in favor of the 2nd Amendment?
WOw. What should he have done differently and within the law?
Me too. Maybe they’ll get on board as it progresses.
I can readily understand why Virginia has not joined in. Look at the POS Democrat governor the lousy-a@@ed carpetbaggers in northern Virginia have provided us with.
This state really needs to do what was done in 1863 and divest ourselves of that repulsive region. They don't belong in this state.
Yeah, and thats a fight worth having... /s
Reminds me to stay the hell out of NJ and never spend a dime there.
“The truth is that liberals do not trust people.”
Because they know that they themselves cannot be trusted, and believe most people are just like they are.
People that will not trust are untrustworthy.
They chuck out any sort of effective nexus with God, and are left with an unmanageable chaos that they then presume they can manage. But they never can.
Never did. Still don't.
Why isn’t Colorado on this list? I thought Colorado was a rugged, and righteously supportive state of the 2nd amendment?
Could they be absent from the list because of the dark cloud named “Liberalis” that has settled upon them from California?