NJ Court Rejects Right of Public to Purchase Handguns

[King 5.45]

Oh, this'll be a fine mess.

N.J. Court Says Americans Have No Right To Buy Handguns

A New Jersey appeals court has concluded that Americans have no Second Amendment right to buy a handgun.

In a case decided last week, the superior court upheld a state law saying that nobody may possess "any handgun" without obtaining law enforcement approval and permission in advance.

That outcome might seem like something of a surprise, especially after the U.S. Supreme Court ruled last year in the D.C. v. Heller case that the Second Amendment guarantees "the individual right to possess and carry weapons in case of confrontation."

http://www.cbsnews.com/blogs/2009/10...in;contentBody

[Curmudgeon]

Oh, this'll be a fine mess.

...and would the last one at the airport please turn out the lights?

[-JD-]

I need popcorn!

Probably needs to go through NJ Supreme Court first. With Heller a 5-4 (and a generally weak decision) it will be interesting to see if USSC would be ballsey enough to try to cram it down a state's throat, instead of just a federal district.

[LittleRedToyota]

I need popcorn!

Probably needs to go through NJ Supreme Court first. With Heller a 5-4 (and a generally weak decision) it will be interesting to see if USSC would be ballsey enough to try to cram it down a state's throat, instead of just a federal district.

SCOTUS is likely to address the incorporation issue in another case...McDonald v. Chicago later this year/next year.

i think there is actually a very good chance the 2nd will be incorporated.

i think even justices who do not like the 2nd amendment will have trouble cooking up a reason why the 14th amendment should apply to the 1st, 4th, etc. amendments, but not the 2nd. i think they will be more worried about gutting the 14th than the will be about incorporating the 2nd.

i think a bigger worry is that there will be a series of cases that essentially end up saying:

the 2nd protects an individual right and does apply to the states. however, "reasonable" restrictions are allowed...and then it will define any restriction that does not go so far as to prevent you from owning and carrying a gun inside your own home as reasonable--meaning the right to bear arms will still not really be recognized (though a limited right to keep arms will be recognized).

someone really needs to get these guys a dictionary so they can look up the meanings of the words "infringe" and "bear".

[velkly]

One should expect nothing less from the PRNJ. I'm surprised they even grant that Americans have 1A rights!



*subscribes to thread*

[buster2209]

Oh, this'll be a fine mess.

Glad I didn't end up in Jersey.......

[cgbudde]

One should expect nothing less from the PRNJ. I'm surprised they even grant that Americans have 1A rights!



*subscribes to thread*

Quiet please, they are working on that.

[dc dalton]

Glad I didn't end up in Jersey.......

Glad we got the hell out 25 years ago!

Hopefully this will also end up with SCOTUS, the more of these bullshit laws that get bitch slapped by them the sooner these asshole states will be forced to stop their nonsense.

[Coops]

As usual, the reporters got this wrong. The ruling does not pertain to possessing a handgun, but to acquiring a handgun through purchase or transfer.

[tl_3237]

The actual court findings are here. There's more details as to the why and wherefore for the denial, trial court procedural errors, etc. It does not say that NJ citizens have no right to buy handguns but that pre-screening would not be unconstitutional.

As a point for intellectual exercise don't all transfers nationwide through an FFL require prior Government screening (NICS)? With few exceptions (ex: 2 generation bidirectional lineage), don't all handgun transfers in PA require prior Government screening (PICS)?

NJ's system is much more cumbersome and antagonistic than we have here in PA but, in the final analysis, they are similar in their essence.

I don't see, even with incorporation, that state pre-screening will be elimated any more than NICS, which already is subject to the Heller ruling, will be eliminated.

[flame retardant applied]