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Court says 2nd Amendment doesn’t trump NJ’s strict gun laws
New Jersey 101.5 ^ | May 24, 2016 | Dan Alexander

Posted on 05/24/2016 10:16:04 PM PDT by Mr. Mojo

A Bergen County man has lost his bid to fight the confiscation of his guns and ammunition following a domestic violence arrest and charges that he had high-capacity magazines and hollow-point ammunition.

An appellate decision on Tuesday upheld a Superior Court judge’s earlier ruling that Arthur Vinogradsky was no longer qualified to be a gun owner even though the charges against him were eventually dropped.

It’s the latest example of New Jersey’s gun-control laws, which are among the strictest in the nation.

In New Jersey, residents must apply to their local police departments to obtain permits to buy, own or carry firearms and must meet a list of criteria before they can be approved. Few residents are granted carry permits.

This month, the appellate division denied a Middlesex County man’s application for a gun permit just because of his terrible driving record.

NJ man denied gun permit due to ‘atrocious’ driving record

Earlier this month, a Superior Court judge in Monmouth County denied a soldier’s request for a carry permit because he couldn’t prove “justifiable need” even though he worked on a military facility that had faced terrorist threats.

Even soldier working under terrorist threats can’t get gun carry permit in NJ

In June 2013,Vinogradsky’s wife got a temporary restraining order against her husband. As a matter of course, police removed the guns from their home. As the weapons were removed, police arrested the defendant for possession of high capacity magazines and hollow point bullets.

The wife later dismissed her complaint and the husband completed a pretrial intervention program, which spared him a criminal conviction on the weapons charges. But the judge moved forward with stripping him of gun ownership rights, finding that he assaulted his wife and committed a crime.

The decision acknowledged that the Second Amendment guarantees an individual the right to possess a handgun for the purpose of self-defense. But according to the courts, the Constitution does not trump “states’ enforcement of their ‘longstanding prohibitions’ on firearm possession,” and “like most rights, the right secured by the Second Amendment is not unlimited.”

The appellate decision faulted Vinogradsky for his “unwillingness to familiarize himself with our gun control laws.”

Officers testified she had a splint on her finger and said she was “a little scared” at the police station. In the police report of the incident the wife told police her husband tried to pull her engagement ring off her finger which caused bruising and strained the finger.


TOPICS: Constitution/Conservatism; Culture/Society; Government; US: New Jersey
KEYWORDS: 2a; 2ndamendment; banglist; carry; court; gun; guncontrol; gunlaws; guns; newjersey; nj; permit; permits; secondamendment
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1 posted on 05/24/2016 10:16:04 PM PDT by Mr. Mojo
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To: Mr. Mojo
WHAAAAAAAAAAAAAAAAAAAAAAAAT ??????????????????

Since WHEN does a state law over ride the Constitution ?

2 posted on 05/24/2016 10:23:11 PM PDT by nopardons
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To: nopardons
Since WHEN does a state law over ride the Constitution ?

Since it's convenient to their agenda.

3 posted on 05/24/2016 10:25:48 PM PDT by Edward.Fish
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To: Mr. Mojo

This needs to start it’s way to the SCOTUS.


4 posted on 05/24/2016 10:27:08 PM PDT by vette6387
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To: vette6387

It will.


5 posted on 05/24/2016 10:27:35 PM PDT by Psalm 144 (This year we break the Uniparty or it breaks us.)
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To: Mr. Mojo

So, let’s see, states should now be able to pass laws restricting a woman’s Constitutional right to “choose” in any way they see fit, right?

States should now be able to pass laws that govern political speech, and they should be able to pass any method of execution that they see fit, including medieval methods, right?


6 posted on 05/24/2016 10:29:33 PM PDT by chris37 (heartless)
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To: Edward.Fish
But it doesn't and never has.

These stupid judges are idiots and making it up as they go along.

7 posted on 05/24/2016 10:29:43 PM PDT by nopardons
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To: chris37

And education...no COMMIE CORE and get rid of the MOOOOCH’s lunches,and kick out the damned ILLEGALS and “MUSLIM refugees” that Obama have stuck them with.


8 posted on 05/24/2016 10:31:46 PM PDT by nopardons
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To: nopardons

The stench from the bench makes me clench.


9 posted on 05/24/2016 10:32:01 PM PDT by Mr. Mojo
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To: Mr. Mojo
2nd Amendment doesn’t trump

Go Trump 2016!!

10 posted on 05/24/2016 10:32:15 PM PDT by Ethan Clive Osgoode
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To: Edward.Fish

Not surprising at all! In the 1930’s, NJ was notorious as a hotbed of support for German National Socialism. They actually had Nazi summer camps in the mountains! Now this undoubtedly changed after Dec.7,1941, but one thing that Nazis and Communists love is a disarmed populace!


11 posted on 05/24/2016 10:32:20 PM PDT by Frank_2001
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To: Mr. Mojo

It’s nauseating !


12 posted on 05/24/2016 10:32:36 PM PDT by nopardons
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To: Mr. Mojo

They’ve had a Republican Governor for at least six years now and he even had the audacity to run for President on the Republican ticket. Has he even tried to change the current state law?


13 posted on 05/24/2016 10:35:18 PM PDT by Grams A (The Sun will rise in the East in the morning and God is still on his throne.)
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To: nopardons

This judge basically just gave total control to the states.

I don’t see any need at all for federal judges or the SCOTUS anymore.

They are obsolete.


14 posted on 05/24/2016 10:35:51 PM PDT by chris37 (heartless)
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To: nopardons
"kick out the damned ILLEGALS and “MUSLIM refugees”

And the quarter million Muslim immigrants we import ANNUALLY who AREN'T in the category of refugees. That very disconcerting fact gets ZERO press in the MSM.

We need our 2nd Amendment freedoms more than ever.

15 posted on 05/24/2016 10:38:44 PM PDT by Mr. Mojo
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To: Grams A

Fatboy did NOTHING about that law; however, he did place THREE rabid MUSLIMS on the bench as N.J. judges.


16 posted on 05/24/2016 10:39:19 PM PDT by nopardons
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To: Mr. Mojo

Yes, indeed. All of those stinking Somalis, whom have been placed in Maine and other states and whose kids have gone off to join ISIS.


17 posted on 05/24/2016 10:40:35 PM PDT by nopardons
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To: nopardons

Especially without cause when charges are dropped?


18 posted on 05/24/2016 10:40:36 PM PDT by A CA Guy (God Bless America, God Bless and keep safe our fighting men and women.)
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To: A CA Guy

*shrugs*


19 posted on 05/24/2016 10:41:20 PM PDT by nopardons
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To: Mr. Mojo

Paging Governor Donut.

L


20 posted on 05/24/2016 10:41:59 PM PDT by Lurker (Violence is rarely the answer. But when it is it is the only answer.)
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