Does Heller ruling kill NJ "smart gun" law?

self | 6/28/08 | NewJerseyJoe

[NewJerseyJoe]

Remember that incredibly stupid "smart gun" law that McGreevey signed back in 2002? How will Heller reflect on that?

The reason I'm thinking about this is because a big part of the Heller case was about not being able to ban an entire class of firearms. "Non-smart guns" is a HUGE class of firearms.....

Reference: NJ smart gun law

[Huck]

I imagine all these various laws now have to make their way through the lower court systems, including federal appeals, and back to the SCOTUS.

[Pistolshot]

The SCOTUS decision was a narrowly defined ruling on a case for the District of Columbia. No states issues were brought up or even discussed.

That being said, Heller will be a catalyst for other lawsuits in jurisdictions with outright prohibitions.

Chicago, NYC, Morton Grove, to name a few will have to have the 'right' case or even a class-action lawsuit before the use of the Heller Decision can be used, and trust me, it will be fought to the bitter end by the antis.

At the end of that day, we will see true incorporation, and that changes restrictions again for the better.

[dbwz]

There are a lot of heads spinning on both sides here in NJ today, because the groundwork now exists to challenge many of NJ's laws on constitutionality.

We're going to see a fight over what the definition of "reasonable" is in terms of restrictions, but in defining "reasonable", the individual right will have to be considered, and I think that's going to change a few perspectives.

The smart gun law just may go bye-bye.

[NewJerseyJoe]

ping

[paulcissa]

Interesting question. I’ll be watching closely since it looks like I’ll be stuck in this $#!t-pit of a state for the foreseeable future.

[Beagle8U]

Since there are no so-called smart gun in common usage or production, I would say a law that only allowed those, would be illegal.

[Sender]

Considering the current unavailability of functional “smart guns” today, yes, I would think that Heller would make such a law unconstitutional. Only if “smart guns” were readily available at prices the average person could afford would such a law satisfy Heller. The current lack of “smart guns” means that to require one is to deny the actual right to keep and bear arms. Bada bing.

[NewJerseyJoe]

For those outside NJ, some info....

Yes, it is true that no functional "smart guns" exist today. Homosexual former NJ governor Jim McGreevey signed a law back in 2002. This law mandates that, once smart gun technology is "proven" and commercially available, that ONLY "smart guns" will be allowed to be sold in NJ.

Of course, an exemption was made for police officers! If the so-called "smart gun technology" will be so perfect and foolproof and work under all situations.... then why wouldn't police officers want to be on board with that?

[Sandy]

The owner would have his grip programmed at a gun shop or police range by practice-firing the weapon. A microchip in the weapon would remember the grip and determine in an instant whether the authorized user was holding the weapon. If not, the gun would not fire.

This sounds retarded. Will people living in the same home be allowed to share a gun?

[paulcissa]

This sounds retarded. Will people living in the same home be allowed to share a gun?

Someone correct me if I'm wrong here - I think (I should know this - off to the statutes next) if other parties in the household handle your licensed firearm in NJ, you're in violation of current State law.

[Sender]

No law enforcement officer is going to trust his/her life with a computerized pistol that may or may not work when it is needed.

[Sandy]

off to the statutes next

Ping me if you find something.

[Publius6961]

This sounds retarded. Will people living in the same home be allowed to share a gun?

The short answer is "no." But that stupidity did not sway the "legislators".

That fact, and many others were debated at length. There is no reaching the terminally ignorant.

[NewJerseyJoe]

> No law enforcement officer is going to trust his/her life with a computerized pistol that may or may not work when it is needed.

But according to the idiots who foisted this law on this, it'll be foolproof and will always work! /sarc

I long for the return of days when mobs with pitchforks will evict people like this from elected office.

[andy58-in-nh]

I would argue that laws such as NJ's effectively render an entire class of firearms useless for home self-defense, when they can only be used by one family member but not by another. And what if the "smart" technology microchip fails, breaks, or loses power? In facing an armed adversary, it would be (to paraphrase from The Godfather) like coming out of the bathroom with nothing more than your **** in your hand. I think Heller will spell the doom of laws like that one. I hope.

[NewJerseyJoe]

> if other parties in the household handle your licensed firearm in NJ, you're in violation of current State law.

I don't think that's correct. I read Evan Nappen's book cover to cover, and the impression I got was this: the NJ gun banners have been very clever. They know that they can't ultimately outlaw "owning" a gun -- or even firing one, for that matter. But they have put all kinds of roadblocks in the way of being "qualified" to own one, or WHERE you can fire the gun.

This is really a question for Evan Nappen or Scott Bach to answer. (I'm not sure if they're on FR.)

[SJSAMPLE]

Wanna bet LE is exempt from the NJ bill and any future bills?

It’s always that way.

[Coleus]

.

[cake_crumb]

"Chicago, NYC, Morton Grove, to name a few will have to have the 'right' case or even a class-action lawsuit before the use of the Heller Decision can be used, and trust me, it will be fought to the bitter end by the antis."

Chicago's Mayor Daley - Barack Hussein Obama's good buddy - had his panties all in a twist over this ruling. He opined that taxes would have to be raised to hire more cops to protect citizens from all the gun violence, and THEN promised to spend millions in taxpayer money in fighting to KEEP the ban!

Guess what, Chicagoans? Daley is gonna raise taxes either way. (it's for the children)