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New Court Ruling Casts Doubt on NJ Gun Control Laws

New Jer­sey –  -( A new court rul­ing regard­ing who can and can­not own a firearm may have effects on New Jersey’s gun con­trol scheme. The case came out of the 3rd Cir­cuit Court of Appeals, the same cir­cuit that New Jer­sey is in, which means that this rul­ing is now the con­trol­ling law in New Jer­sey.

The case, Binderup v. Attor­ney Gen­er­al, brought by sup­port­er and spon­sor of New Jer­sey Sec­ond Amend­ment Soci­ety (NJ2AS), the Sec­ond Amend­ment Foun­da­tion, was brought before the entire 3rd cir­cuit in an en banc hear­ing cen­tered on two men who were denied their right to own a firearm over past non-vio­lent con­vic­tions. Nei­ther men had ever been incar­cer­at­ed for their crimes, yet were still denied their right to own a firearm under Fed­er­al Law since their crimes could result­ed in jail time, but did not. While the jus­tices did not strike down the whole fed­er­al law, they did rule that these indi­vid­u­als Sec­ond Amend­ment Rights we’re vio­lat­ed under the statute and ruled that, in this case, the law was uncon­sti­tu­tion­al when applied to these two men.

Indeed, the court stat­ed:

Where the Sec­ond Amendment’s guar­an­tees apply, as they do for Binderup and Suarez, ‘cer­tain pol­i­cy choic­es’ are ‘nec­es­sar­i­ly’ tak­en ‘off the table.’ For­ev­er pro­hibit­ing them from pos­sess­ing any firearm is one of those pol­i­cy choic­es,” the appeals court said in today’s rul­ing.

Very nice of the courts to rec­og­nize, as said in Heller v. DC, that the Sec­ond Amend­ment takes cer­tain pol­i­cy choic­es off the table. In recent court cas­es it seemed that many courts, includ­ing New Jersey’s, had for­got­ten that part of Heller.

You can read the full case here.

How this Affects New Jersey

New Jer­sey gen­er­al­ly fol­lows Fed­er­al Law in regards to who can and can­not own a firearm or get an FID, but as NJ2AS has doc­u­ment­ed on cam­era, here and here, New Jer­sey denies peo­ple that oth­er­wise would legal­ly be allowed to own a firearm by grant­i­ng issu­ing author­i­ties wide dis­cre­tion to deny per­mit requests.

This wide dis­cre­tion most­ly comes from NJAC 13:54–1.5(a)5 which states that an FID or per­mit to pur­chase a hand­gun shall not be issued

…to any per­son where the issuance would not be in the inter­est of the pub­lic health, pub­lic safe­ty, or wel­fare.

If that sounds broad, mean­ing­less and rife for abuse by issu­ing author­i­ties, that’s because it is. This is pre­cise­ly the law that the offi­cers in our under­cov­er videos are rely­ing on when they deny per­mits to the elder­ly, the dis­abled, and women just because of who they are. But it also allows them to deny peo­ple like those in the SAF case list­ed above. Since we’ve seen that New Jer­sey rou­tine­ly denies peo­ple with no crim­i­nal record their right to own a firearm, any­thing on your crim­i­nal record includ­ing traf­fic vio­la­tions could result in your being denied your rights.

This has to stop.

The NJ2AS legal team is cur­rent­ly ana­lyz­ing this case to bring New Jersey’s gun laws into com­pli­ance with this rul­ing, and final­ly bring to an end New Jersey’s out of date, dis­crim­i­na­to­ry and uncon­sti­tu­tion­al FID sys­tem. Our inter­est is in defend­ing, pro­tect­ing, and pre­serv­ing New Jer­seyeans right to keep and bear arms and we will use all avail­able tools to achieve that goal.

We will keep you updat­ed on any devel­op­ments relat­ed to this case.

To keep up to date with us and receive our email alerts, become a New Jer­sey Sec­ond Amend­ment Soci­ety mem­ber, or like us on Face­book.

New Jer­sey Sec­ond Amend­ment Soci­ety – Our mis­sion is to pro­mote the free exer­cise of Sec­ond Amend­ment rights with­in the com­mu­ni­ty and Leg­is­la­ture of New Jer­sey, to edu­cate the com­mu­ni­ty regard­ing the enjoy­able, safe, and respon­si­ble use of firearms, and to engen­der a sense of cama­raderie and fel­low­ship among the mem­bers and their fam­i­lies. Vis­it:

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ER1C ☠

ER1C ☠

Dedicated Second Amendment Advocate, At-Home Gunsmith, Designer, Blogger, Video Guy, Author, Business Owner & ReloadOne Member.

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