SAF files response to NJ motion to dismiss (CCW issuance case).

[jerseytactical]

Here is the link. 62 pages, but quite a good read. Enjoy.


http://saf.org/legal.action/nj.lawsu...Opposition.pdf

[IronSight]

While the rights of speech, petition, and assembly intrinsically raise
public safety risks – sometimes acutely – modern First Amendment jurisprudence
forbids the preclusion of these activities notwithstanding these risks.8

...

8
It was speech, petition, and assembly – not guns – that recently overturned the Mubarak regime
in Egypt. On the contrary, all of the guns in the army could not contain the power of speech,
petition, and assembly. To the extent Amici would like to hang legal arguments on clichés, they
would be well advised to remember that “the pen is mightier than the sword.”

Oh this is good.

Edit: and even better:

Brady Amici try to distance their approach from Justice Breyer’s by
asserting that their standard would be “a more heightened form of scrutiny than the
rational basis test” and “more demanding than the ‘interest balancing’ test
suggested by Justice Breyer in dissent[ ] because it does not permit states to
prohibit all firearm ownership.” Brady Br. at 16. However, Justice Breyer in fact
also maintained that his test was more stringent than rational basis review. See
Heller, 554 U.S. at 689-90 (Breyer, J., dissenting); see also id. at 710-11.
Moreover, Justice Breyer’s approach also eschewed prohibitions on all firearms,
instead upholding just the prohibition of handguns. See id. at 708. Tellingly (and
probably fatally), Justice Breyer explicitly relied on the same academic article
11
that Brady Amici now rely upon to articulate their “reasonable regulation” test.
See id. at 691; see also Brady Br. at 15.

[tsafa]

It was speech, petition, and assembly – not guns – that recently overturned the Mubarak regime
in Egypt. On the contrary, all of the guns in the army could not contain the power of speech,
petition, and assembly. To the extent Amici would like to hang legal arguments on clichés, they
would be well advised to remember that “the pen is mightier than the sword.

What fools. The Military is now in control of Egypt with no one to oppose them. Anybody that thinks the Egyptian people have won any form of liberty by just yelling the streets is in for a rude awakening.

[Yellowfin]

This is VERY nice indeed.