New Jersey

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New Jersey Backs Down

March 30, 2020 by 2 Comments

News comes this afternoon that New Jersey Gov. Phil Murphy (D-NJ) has backed down from his order that all gun stores are non-essential and must close. His order led to a lawsuit from the Second Amendment Foundation and the Firearms Policy Coalition entitled Kashinsky v. Murphy.

SAF provides more info in this release:

The Second Amendment Foundation declare victory today when New Jersey Gov. Phil Murphy backed away from his earlier position on gun shop operations in the state during the current COVID-19 panic, and will now allow operations by appointment.

SAF sued Murphy and acting State Police Supt. Col. Patrick Callahan in U.S. District Court last week, seeking a preliminary injunction and temporary restraining order. They were ultimately joined by the New Jersey Second Amendment Society, Legacy Indoor Range and Armory LLC and the Firearms Policy Coalition (FPC), Racing Rails LLC d/b/a Legend Firearms and several private citizens. Plaintiffs were represented by noted civil rights attorney David Jensen of New York and Adam Kraut of California.

“We’re delighted that Gov. Murphy has reversed course on this matter, even if it took a lawsuit to get him to do it,” said SAF founder and Executive Vice President Alan M. Gottlieb. “Our lawsuit cut right to the heart of what the Second Amendment is all about, which is personal protection during emergency situations like the ongoing coronavirus pandemic that has gripped the nation.”

Murphy found himself in the uncomfortable, and untenable, position of having to defend his armed protection detail while having closed down Garden State gun shops, making it impossible for average citizens to by even ammunition, much less a firearm.

“While we pursue litigation elsewhere,” Gottlieb said, “we’re happy that the situation in New Jersey has changed. Regardless what some politicians might think, the Second Amendment is not subject to emergency orders, same as the First, Fourth, Fifth or other constitutional protections.

“This is one more example of SAF’s ongoing mission to win back firearms freedom, one lawsuit at a time,” he concluded.

While I might have liked to say it was ScotShot’s guest editorial that convinced him to change his mind, I think it is more likely the combination of the lawsuit and President Trump declaring the firearms industry including gun stores as essential businesses.

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New Gun Owners In Some States, But Not Others

March 29, 2020 by 2 Comments

The following editorial was written by my friend “ScotShot”. He is a resident of New Jersey and a firearms trainer. ScotShot is a NRA Training Counselor, a USCCA instructor, and a CCW instructor. He is also the co-founder with Klint Macro of National Train-A-Teacher Day. He has a greater appreciation for the US Constitution and especially the Second Amendment than many. That is because he grew up in a country which has no written constitution and no such protections.

All of us gun owners across the country have been watching, and shaking our heads with a sort of wizened “told you so”, at the stories of people suddenly rushing to buy guns and ammunition, thanks to this new virus from China.

We’ve reserved particular attention, and rightly so, for our more liberal brothers and sisters who previously eschewed firearms ownership. In most states, the worst they’ve had to deal with is a long line, or perhaps a government mandated waiting period. Oh and yup, the mental butt hurt that comes from realizing that their favorite 2A loophole (the internet, gunshows, the gun-fairy..) doesn’t exist. You’d think they’d be pleased, except now they’re learning the hard way.

Of course, in some States, it’s even more difficult, which makes the residents of those States more at the mercy of their Government. Let’s consider what the situation is in New Jersey, which vies with California to have the most restrictive death-grip on the 2nd Amendment Rights of  its Citizens.

In New Jersey, if you want to buy a firearm for the first time, you need to apply for and obtain a “Firearms Purchaser Identification Card”, the FPID card. Getting one is tedious but straightforward, but usually takes around three months. So, right there, people who want to buy their first firearm in NJ as a result of this viral crisis are, as they say, S.O.L. So, no lines of frustrated gun-newbs in NJ.

“BUT!”, you say, “at least existing gun owners can get a handgun, all those over-under-only hunters and skeeters, can still protect themselves, right?” Sadly, no; to buy a handgun, FPID holders must first get a “Permit to Purchase a Pistol.” Getting one (or two, or as many as you want), is tedious but straightforward and yes you guessed it, usually takes around three months. So, no handgun for you, Elmer; you’d best resort to the Biden Protocol. Oh, you can only get one handgun a month, so too bad if something dramatic happens and you need more, like now.

Photo from Gov. Phil Murphy’s Facebook page

Nevertheless, law-abiding FPID card owners flooded their local FFLs and consequently flooded the NICS system. Enter villain number two, the NJ State NICS System. NJ is one of the states that gets between its gun-buyers and the Federal NICS system. Soon, the NJ NICS had a backlog of over 1,000 applications and then quickly announced that it was swamped and was unlikely to be able to process these in anything other than geological time. Then, the Governor closed the NJ NICS system, after not protecting gun stores and training facilities as essential, mandating their closure. Now, that’s no guns for anyone.

On Saturday March 21, 2020, Governor Phil Murphy announced he is putting New Jersey in lockdown to combat the spread of coronavirus. Per Executive Order 107, he is ordering the residents of New Jersey to stay home, directing all non-essential retail businesses closed to the public. At this time, the order includes New Jersey Firearms State Licensed Dealers. The New Jersey State Police NICS Unit is directing the vendor of the NICS Online Application (NICUSA) to turn off the NICS Online Services for submitting NICS transactions by eliminating the “Request Form” button, effective 9:00pm EST, Saturday, March 21, 2020. You will still have the ability to view the message board and the status of previously submitted transactions. This “Request Form” feature will remain off until further order by Governor Murphy.

All of this of course, against a background of a governmental supermajority that supports even greater restrictions on 2A rights, firearm types and features, ammunition registrations and so on.

Hopefully, our new brothers and sisters in most states are getting what they want, and feel secure. Hopefully, they will go forward from this viral crisis and obtain proper training on the safe and efficient handling and use of their chosen firearms and hopefully, that will be happening all across our great country. It’s won’t be happening in New Jersey though. In New Jersey, the State Government will use this crisis to increase its grip on the lives of the people who live here, and their dependency on the government spoon.

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A Sign Of Things To Come?

February 20, 2019 by 5 Comments

Rogers et al v. Gurbir Grewal et al is a case from New Jersey that is a challenge to the state’s may-issue concealed carry law. It is currently on appeal to the Supreme Court seeking a writ of certiorari after the Third Circuit said New Jersey’s law met intermediate scrutiny.

In late January, the attorneys for New Jersey filed a waiver saying they didn’t intended to file a response to the petition for a writ of certiorari by Thomas Rogers and the New Jersey Association of Rifle and Pistol Clubs. This could be taken as a sign that New Jersey fully expected the Supreme Court to summarily deny the petition for a writ of certiorari.

As Guns.com reported earlier today, the Supreme Court has now issued an order requiring New Jersey to file a response by March 21st.

The Association of New Jersey Rifle and Pistol Clubs issued a release yesterday that said, in part:

Today, the U.S. Supreme Court required the State of New Jersey to file a brief in response to ANJRPC’s petition asking the High Court to hear its challenge to NJ’s carry laws. Under the Supreme Court’s order, the State of New Jersey is required to file papers by March 21, arguing why the High Court should not agree to hear ANJRPC’s appeal. NJ had previously ignored the appeal.


While the move is not a guarantee that the Supreme Court will agree to hear the appeal, the fact that the court is requiring NJ to take a position on ANJRPC’s request is significant, and signals that the court is not willing to take any action without first hearing from both sides.

The case has attracted a number of amicus briefs on behalf of Rogers and ANJRPC. These include briefs from the National African American Gun Association,  a number of law enforcement groups and state gun associations, the Second Amendment Foundation, the National Rifle Association, and the American Civil Rights Union. There is also an amicus brief in support of Rogers from the attorney generals and governors of 24 states which was organized by Arizona Attorney General Mark Brnovich.

As the petition for the writ notes, Mr. Rogers met all the requirements for a carry permit from the state of New Jersey with the exception of showing a direct threat to his life. He has been robbed at gun point and manages an ATM service company which, by definition, involves large amounts of cash. Police in Wall Township, NJ agreed he met the training eligibility requirements but “he failed to show Justifiable Need.”

One can only hope that this move by the Supreme Court is a positive sign and that they will finally take up a carry case. This is especially true as there are diverging opinions between the circuits as well as a divergence in the proper level of scrutiny.

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Where The 1A Meets The 2A

February 6, 2019 by 2 Comments

As I mentioned the other day, the website sponsored by a coalition of civil rights groups was threatened by prosecution if they didn’t take down certain code files. CodeIsFreeSpeech.com was put up after the anti-gun Attorney General of Washington State and a host of fellow traveler AGs went to court to suppress computer code assembled by Defense Distributed. These groups were not a party to that lawsuit and were not enjoined from distributing them on the Internet.

It turns out that the threat of prosecution came from New Jersey Attorney General Gurbir Grewal. Grewal had demanded server company Cloudfare delete CodeIsFreeSpeech.com’s files or charges would be filed for them being in violation of a NJ state law.

Grewal had been recently successful in getting a lawsuit against him by Defense Distributed filed in the State of Texas dismissed on the grounds that it should have been brought in New Jersey. Mind you, that the dismissal was not on the merits of the case but rather merely whether a US District Court in Texas had jurisdiction.

He should have remembered the old saying, “Be careful what you wish for”, as suit has now been filed in US District Court for the District of New Jersey. Now he will not be facing just Defense Distributed but also the Second Amendment Foundation, the Firearms Policy Coalition, the Firearms Policy Foundation, the Calguns Foundation, and CAL-FFL. The individual plaintiff in the case is Brandon Combs who is executive director of the Calguns Foundation and president of both the Firearms Policy Coalition and the Firearms Policy Foundation. So now Grewal is not facing merely one plaintiff but six institutional plaintiffs and one individual plaintiff.

In a press release sent out yesterday, the groups had this to say about the lawsuit:

TRENTON, N.J. (February 5, 2019) — Today, attorneys for six advocacy organizations and one individual, Firearms Policy Coalition founder Brandon Combs, filed a new lawsuit and a motion seeking a restraining order and preliminary injunction against New Jersey Attorney General Gurbir Grewal. The case was filed just days after Grewal’s Office of the Attorney General sent a threat of prosecution to Cloudflare, a major Internet services company headquartered in San Francisco, about www.CodeIsFreeSpeech.com. A copy of key court filings can be viewed or downloaded at www.codeisfreespeechlawsuit.com.


According to the complaint, on Saturday, February 3 the CodeIsFreeSpeech.com website’s act of republishing some of Defense Distributed’s digital firearms information “was met with yet another of Grewal’s Orwellian take-down orders,” demanding that Cloudflare “delete all files described within 24 hours or [Grewal’s Office] will be forced to press charges.”


“By issuing a takedown demand against” the entire website, “Grewal sought to compel the complete and total suppression of the political speech at CodeIsFreeSpeech.com, the links to other advocacy websites and their educational and political resources, links to political tee shirts, and even the very text of the United States Constitution itself,” the plaintiffs said in the filing. Attorneys for the plaintiffs also filed a motion seeking a temporary restraining order and preliminary injunction against Grewal. The Attorney General’s threats of prosecution and other civil enforcement actions under New Jersey laws, the plaintiffs say, violate their constitutional rights.


Last November, New Jersey Governor Phil Murphy signed a new speech crime into law, in Senate Bill 2465. Among other things, it created a new “third degree crime” for “a person to distribute by any means, including the Internet, to a person in New Jersey” certain kinds of speech, including “digital instructions in the form of computer-aided design files or other code or instructions stored and displayed in electronic format as a digital model that may be used to program a three-dimensional printer…”


CodeIsFreeSpeech.com “is a publicly available website for the publication and republication of truthful, non-misleading, non-commercial political speech and information that is protected under the United States Constitution,” the complaint says. “Its purpose is to allow people to share knowledge and empower them to exercise their fundamental, individual rights. It was created and developed during the week of July 22, 2018—long before the State enacted Senate Bill 2465.”


The plaintiffs are represented by attorneys Chad Flores, Daniel Hammond, and Hannah Roblyer of Texas-based Beck Redden LLP and Daniel L. Schmutter of New Jersey law firm Hartman & Winnicki.


The CodeIsFreeSpeech.com website can be additionally accessed through URLs GurbirGrewalisaTyrant.com and PhilMurphyisaTyrant.com.

The plaintiffs have filed a suit seeking declaratory and injunctive relief. Moreover, at the same time they also filed a motion for a temporary restraining order and a preliminary injunction. They are asking the court to declare the New Jersey law in violation of the First and Second Amendments, the Commerce Clause, and the Due Process and Equal Protection clauses of the 14th Amendment. Moreover, they want the court to declare Federal law preempts the New Jersey law and immunizes the plaintiffs from prosecution.

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“Murphy Mags” And How To Avoid Arrest In New Jersey

December 13, 2018 by 8 Comments

As of Monday, December 10th, if you possess a standard capacity magazine that holds more than 10 rounds in the state of New Jersey, you could be found guilty of a Class 4 Felony, spend up to 18 months in prison, lose your voting rights, and be subject to a lifetime ban on firearm ownership. Your options were to destroy the magazines, turn them into police, or remove them out of state. There was no grandfathering under the law nor was there any compensation for what arguably is a taking.

Gun rights attorney Evan F. Nappen is the acknowledged authority on New Jersey gun law. He has just written a guide on what to expect from the police and prosecutors and how to protect yourself.

Here are the action steps he encourages all New Jersey gun owners to take:

Action Items:

  1. Make sure that your friends and family are aware of this potential threat.
  2. Make sure that your friends and family are aware of the implications of talking with the police and consenting to searches.
  3. Make sure that you do not have in your possession any Murphy Mags or other prohibited items.
  4. Make sure that you, your family and your friends have the mindset to stand on your rights!

 While he thinks police raids are not likely to occur and that police will use other means such as computerized databases, demand letters, and the like, there are scenarios and reasons, in his opinion, where a police raid, with or without a warrant, might take place.

  1. Some highly publicized mass shooting occurs, and the knee-jerk, politically expedient reaction is to go after Murphy Mag possessors.
  2. Murphy’s failure to aggressively enforce his ban, gives his political challengers the opportunity to call him out on it. There is already pressure on Murphy to explain how he intends to enforce the ban. Breitbart News also reached out to Murphy’s press secretary, Daniel Bryan, about enforcement of the ban. He confirmed that the Governor “…had not ruled out house-to-house enforcement of the ban either.”
  3. New Jersey has a computerized database of registered gun owners & their registered handguns which includes make and model. Many of these handguns came with Murphy Mags. For example, 15 round magazines came standard with the Glock Model 19, Beretta Model 92 and SIG Model P226, just to name three commonly possessed handguns.
  4. New Jersey has a long history of abusing gun owners, creating “gun law victims” (destroying people’s lives with arbitrary gun laws) and undermining Second Amendment rights.
  5. New Jersey has a liberal news media which actively acts as the propaganda arm for the anti-gun-rights movement.
  6. New Jersey law enforcement will obey orders and enforce the law, rather than lose their jobs & pensions.

I suggest reading Evan’s entire guide posted to his website. Moreover, if you live in New Jersey, I suggest studying it carefully, plan your response in advance, and make your family including kids aware of the family plan. As Michael Bane said on his podcast today, the law isn’t enforced until is. Don’t be that guy who Murphy uses as the example to cow the rest of New Jersey gun owners into compliance.

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Democrat State Party Platforms – Montana To New Jersey

October 15, 2018 by

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The series on the state party platforms of the Democrat Party continues with Montana, Nebraska, Nevada, New Hampshire, and New Jersey.

Montana

The Montana Democrat Platform addresses firearms in the section on Hunting, Fishing, and Outdoor Recreation and in the section on Crime and Punishment. Under the Hunting section, it says:

The right to keep and bear arms as defined in both the Montana and the U.S. Constitutions.

That section goes on to say that they support public hunting as a game management tool.

The Crime and Punishment section says this regarding firearms:

Responsible ownership of firearms, including gun safety practices and the education and
supervision of children in the use of firearms.

That sounds good until you read their action agenda which says they will “Advocate policies that address and prevent gun violence.” The very use of the word “gun violence” (sic) indicates to me that they are blaming the firearm and not the person misusing it.

Nebraska

While Montana Democrats are somewhat circumspect about advocating for gun control, Nebraska Democrats are anything but circumspect.  Their platform calls for gun bans, a raise in the age to purchase a firearm to 21, red flag laws, an end to state preemption, and the elimination of the Protection of Lawful Commerce in Arms Act among other things.

From the 2018-202 Nebraska Democratic Party platform on firearms:

Firearms and
Gun Violence
Prevention

Nebraska Democrats recognize that gun violence is a serious problem that claims the lives of
tens
of thousands of Americans per year, injures many more, traumatizes countless others,
and
disproportionately impacts communities of color. We support the right of Americans to live
free
of gun violence. We recognize that gun violence is the consequence of an inadequately
regulated
consumer
market.


We support the repeal of the federal Protection of Lawful Commerce in Arms Act
(PLCAA),

which offers special immunities from liability to gun
manufacturers and sellers and
deprives
injured persons from their right to legal remedy in the
courts.



Nebraska Democrats support the right of communities to respond democratically to gun
violence
by passing local ordinances to address their needs. If gun
s are owned, they must be
used
responsibly. We support criminal and civil liability for those who do not safely secure their
guns.

We support a tax on weapons and ammunition to fund school security
measures.



We agree with the American Medical Association
’s proposals regarding firearms: limiting
the

purchase of guns to individuals 21 and over; supporting legislation that allows relatives
of

suicidal people or those who have threatened imminent violence to seek court
–
ordered
removal

of guns from the home; requesting better training for physicians to recognize patients at risk
for

suicide; and ensuring domestic abusers do not have access to
firearms.



The Nebraska Democratic Party further supports the American Academy of Pediatrics’
proposals to enact a strong, effective assault weapons ban, require mandatory background checks
and
waiting periods of all firearm purchases, enact a ban on high
–
capacity magazines, enact
strong
handgun regulations, and require safe firearm storage under federal
law.



We support scientific research into gun violence by the National Institutes of Health, the
Centers
for Disease Control, and other research
agencies.

Nevada

 It should come as no surprise that Nevada Democrats have gone full on gun control. They supported Bloomberg’s universal background check initiative and now are calling for much more gun control after last year’s Mandalay Bay murders. The days of a more libertarian approach to firearms by Nevada Democrats is long over especially with the number of immigrants from California. As to the Mandalay Bay murders, a motive is still not known and all the firearms were purchased legally including the bump fire stocks.

From the 2018 Nevada Democratic Party Platform:

GUN VIOLENCE PREVENTION


We support common sense gun safety and gun violence
prevention measures, because what happened on 1 October must
never happen again.


We support the right to bear arms in a responsible manner.
We oppose
“Stand Your Ground” laws.
We support banning bump stocks or any device
that makes a semi
–
automatic weapon fire like an automatic weapon. We
support a ban on assault weapons and high capacity magazines. We support
outlawing guns
on school campuses and keeping guns out of public and
government buildings. We support technology aimed at keeping children
safe and ensuring that firearms are stored safely in gun owners’ homes.
We
support the implementation and enforcement of the ballot
initiative that was
approved by the voters in 2016 to close the gun show loophole.
We oppose
any efforts by the Nevada Legislature to make it easier for potentially
dangerous people like convicted domestic abusers
,
violent criminals
,
stalkers
,
and those lawfully adjudicated as mentally ill to have easier access
to weapons. We support strict standards on reciprocity laws in Nevada that
protect our families and visitors. We support reporting gun injuries and
deaths as community health problems, and keeping statistics and studying
those statistics as a public health issue.

New Hampshire

The days of New Hampshire being the bedrock of New England conservatism is over. You can thank tax-avoiding migrants from Massachusetts for this. The New Hampshire Democratic Party’s platform does reflect this. I will say I’m a bit surprised that they haven’t called for an end to constitutional carry but that could reflect its popularity with voters.

From the NH Democratic Party 2018 final platform:

  • We believe
    in universal background checks
    to protect our communities from gun
    violence.
  • We believe that military
    –
    style weapons, bump stocks, and high
    –
    capacity magazine
    s do
    not belong on our streets.
  • We believe in the establishment of gun
    –
    free zones in certain public places, such as
    schools
    ,
    as a means of reducing gun violence.
  • We support a ban on guns in and on the floor of our State House
    for the safety of our
    residents, guests
    ,
    and children
    who
    visit
    .

I do hate to break it to whomever wrote this platform but so-called gun-free zones do not reduce “gun violence”. They only put law abiding people at risk from predators and other psychopaths.

New Jersey

I think it was gun law attorney Evan Nappen who once said New Jersey is where gun rights go to die. He’s probably right. The NJ Democratic Party doesn’t publish a platform and according to Ballotpedia uses the Democratic National Committee’s platform. Given that, let’s look at the platform of Gov. Phil Murphy (D-NJ) when it comes to guns. He’s the key figure in state government so could have to the biggest – and worst – impact on gun rights in the Garden State. It includes a laundry list of things ranging from taxes on guns to so-called smart guns (sic).


In his 2017 campaign platform, he said:

Specifically, as governor Phil Murphy would:

  • Sign commonsense legislation that Christie vetoed: Phil Murphy would start by signing every piece of gun violence prevention legislation that Governor Christie has vetoed. These bills would have enacted bipartisan and sensible solutions, such as keeping guns out of the hands of gang members and domestic abusers.


  • Mandate gun safety training: No one should be able to purchase a firearm without first attending a gun safety training course.

  • Promote smart gun technology: We must regain our position as a leader in the smart gun movement by requiring all gun retailers to carry at least one smart gun once they are commercially available.

  • Keep guns out of the hands of those suffering with mental illness: New Jersey already requires background checks, but it should follow the lead of nearly half the states in the U.S. and require timely reporting of mental illness episodes to the national background check database.

  • Tax gun sales to prevent violence: All gun sales should be subject to a tax that will fund law enforcement, drug treatment centers, and mental health services.

  • Strengthen regulations on gun transfers: Phil Murphy would make it a crime to sell guns without conducting a mandatory background check, and would require individuals to register their firearms kept in the state.

  • Work with neighboring states to promote gun violence prevention: An estimated 80 percent of guns involved in crimes in New Jersey come from out of state. As governor, Phil Murphy will engage partners in neighboring states to find common ground on gun violence prevention efforts.

  • Direct the Attorney General to vigorously defend our gun laws: Governor Christie has allowed the Attorney General’s office to relax enforcement of our gun safety laws, including laws that prohibit illegally transporting guns into New Jersey from out of state. As governor, Phil Murphy would direct the Attorney General to vigorously defend and enforce our gun laws, rather than to act as an agent of the NRA.

With the exception of getting tough on gang members, there is not a thing in that list which would reduce criminal misuse of firearms. It is aimed at the law-abiding gun owner and not the criminal. As we have also seen, Murphy is actively anti-hunting with his ad hoc ban on hunting of bears on state lands. Murphy doesn’t even pretend to make lip service about supporting hunters.

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Brian Aitken Pardoned….Finally

January 15, 2018 by 3 Comments

In one of the last acts before he leaves office on Tuesday, Gov. Chris Christie (R-NJ) issued a long overdue pardon to Brian Aitken. The pardon issued on Friday pardoned Brian for possessing hollow-point bullets and simple assault. His earlier conviction for illegally carrying firearms was overturned by an appeals court who found that he was indeed, as he always claimed, moving to a new residence.

From the Courier Post:

Aitken, a businessman whose seven-year prison term previously was commuted by Christie, said he was “so happy to finally put this chapter behind me.”

“Thank you to everyone who has stuck with me over the years,” Aitken said in a Facebook post. “I can’t thank Gov. Chris Christie enough.”

Aitken was arrested in January 2009 when a Mount Laurel police officer found three unloaded guns in his car. Aitken had purchased the guns legally in Colorado, but lacked a permit to carry them in New Jersey.

Aitken served almost four months in a state prison for unlawful possession of a weapon and other offenses before Christie commuted his sentence in December 2010.

 We interviewed Brian on the Polite Society Podcast after the release of his book on the arrest, court battle, and sentencing to prison. His book, The Blue Tent Sky: How the Left’s War on Guns Cost Me My Son and My Freedom, is available on Amazon. I’ve read the book and it would be $1.99 well spent for the Kindle version to fully comprehend the war on gun owners in New Jersey.

Brian issued this note of thanks on his Facebook page:

Thank you everyone who has stuck with me over the years. I’m so happy to finally put this chapter behind me. Tuesday will be a sad day for the State of New Jersey but today is an incredibly happy day at the Aitken household. I can’t thank Governor Chris Christie enough. I’m sure there’s more to say but it’s all still a bit surreal. I just wanted to make sure you guys heard it from me first.

Since he had his sentence commuted by Gov. Christie, Brian wrote his book, got married, started a business, and had a daughter. However, unless I’m mistaken, I still don’t think he has visitation rights with his son from his earlier marriage which is incredibly sad.

You can see more about the Brian Aitken miscarriage of justice in this video by NRA News and in his talk with the Cato Institute.

I’m glad that Brian has his full life back now and I’ve both happy and amazed that Chris Christie did the right thing in pardoning Brian.

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I Think Tom Might Be Correct – We Need An Asst AG For The Second Amendment

December 1, 2016 by 5 Comments

Tom Gresham made the suggestion on his show Sunday that the Trump Department of Justice should have a special Assistant Attorney General for the protection of the Second Amendment. He referenced how DOJ sent armies of lawyers to the South after the passage of the Civil Rights Act of 1964. The Heller and McDonald decisions confirmed that the Second Amendment protects an individual right to keep and bear arms and that right applies in the states. However, the current DOJ is doing nothing to protect that individual civil right.

I think Tom is on to something.

Having just read of the latest attack on the Second Amendment and the gun culture coming out of New Jersey, I think this is doubly true. An ostensibly anti-suicide bill would create onerous requirements on gun ranges that would force them to close. As the 7th Circuit decided in the Ezell v. Chicago, gun ranges are an essential part of the Second Amendment.

From the Association of New Jersey Rifle and Pistol Clubs:

The bills as presently written would require the owner or operator of every range and gun club to verify that every range user has an FID card, NJ carry permit, or pistol purchase permit, along with government-issued photo ID, every time that person uses the range. That is an impossible burden for most ranges to meet – most ranges are unstaffed or staffed sporadically by volunteers. Few ranges have staff during all operating hours. NO SHOOTING ACTIVITY COULD OCCUR ON ANY RANGE THAT IS NOT STAFFED TO VERIFY CREDENTIALS.

The bills as presently written would also prevent you from using your own firearms on a range unless the range first verifies your credentials, every time you use the range, and bans all temporary transfer on a range unless the range verifies the credentials of both the transferor and transferee. THIS IMPACTS A HUGE SWATH OF SECOND AMENDMENT ACTIVITY, INCLUDING TRAINING, COMPETITION, TARGET PRACTICE, OPEN HOUSES, RANGE GUESTS, HUNTER EDUCATION, WOMEN’S EVENTS, ETC. (see below for detailed examples).

I think of the ranges that I have open to me in western North Carolina. The indoor ranges are staffed and could meet the requirements of such a bill. However, the NC Wildlife Resources Range at Cold Mountain (yes, that Cold Mountain) and the ranges in the Pisgah and Nantahala National Forests are neither staffed nor have Range Safety Officers. These free and/or inexpensive places to shoot would have to be shut down.

Sebastian is correct when he concluded:

This would essentially close every club in New Jersey. It would make it impossible to bring new shooters into the sports, since they would essentially need to apply for and receive an FID card before they could even try it out. This would destroy the shooting culture in New Jersey, and that’s exactly what it’s intended to do. Suicide prevention is a ruse. Christie has shown a willingness to veto legislation like this, and will probably continue to do so as long as he’s in office, but it’s going to be hell to pay if Christie is replaced with an anti-gun Democrat.

 If you live in New Jersey, I suggest that you do as the ANJRPC says and contact your legislators. As to the idea of a special Assistant Attorney General for the Second Amendment, I’m not sure how to contact the incoming Trump Administration directly. However, you could send the suggestion to Sen. Jeff Sessions (R-AL) at his Senate offices.

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Tone Deaf Politicians

March 24, 2016 by 4 Comments

If there is one thing that this political season has shown is that people are sick and tired of business as usual. How else do you explain the rise of a reality-TV star and billionaire businessman on the Republican side and an obscure, not even elected as a Democrat, self-avowed socialist on the Democratic side of the ticket. Both Trump and Sanders would be long gone in years gone by.

In the midst of all of this comes a proposal from New Jersey State Senator Gerald Cardinale (R-Bergen, Passaic) that would allow legislators and municipal and superior court judges to obtain carry permits to protect themselves. Nevermind that it takes an Act of God and then some for ordinary New Jerseyans to get carry permits or even a pistol purchase permit. Witness the death of Carol Bowne who was still waiting for her permit when her stalker killed her.

From the Bergen Dispatch:

Senator Gerald Cardinale (R-Bergen, Passaic) introduced a bill that would allow legislators, as well as judges at the superior and municipal court levels, to obtain permits to carry handguns provided they complete at least eight hours of firearm safety training.

“Judges and legislators face a greater risk of falling victim to violent attacks, simply because of their easily identifiable position in public life,” Senator Cardinale said. “This measure will ensure that public servants have the means to protect themselves from those who might violently disagree with their viewpoints or decisions. A judge should feel safe returning home each night no matter how they ruled or what they ruled on that day.”

The bill (S-1982) was inspired by attacks, such as the 2011 shooting of Arizona Congresswoman Gabby Giffords. Giffords was shot in an assassination attempt during a meeting with constituents at an Arizona supermarket. More recently, a Texas judge was wounded in a shooting outside of her home in Austin.

Judges and legislators would be exempt from New Jersey’s requirement to show “justifiable need”. They would merely have to show that they took an 8-hour class.

Alexander Roubian of the NJ Second Amendment Society is correct when he calls Cardinale’s proposal completely hypocritical.

Judges and politicians are generally well-guarded by security and they have easy access to police, Roubian noted. And, he argued, they’re already more likely than average citizens to pass the “justifiable need” test because they’re friends with the judges who issue the permits.


“Basically, this is a clear-cut example of how New Jersey operates as a fiefdom. The politicians’ and the judges’ lives, they truly believe, are more valuable than those of average citizens like you and I,” Roubian said.

I would add that Sen. Cardinale, in this of all years, just doesn’t get it. Given that he has been in one house or the other of the New Jersey legislature since 1980, maybe it is time for the 82-year old dentist to go home.

Uncategorized

Now That Chris Christie Is Out Of The Race, What Happens To This Guy?

February 18, 2016 by 1 Comment

When Gov. Chris Christie (R-NJ) was seriously running for the Republican nomination for President, high profile cases involving New Jersey’s unjust gun laws tended to bring clemency. In this latest case involving a Pennsylvania corrections officer who was hit by a drunk driver on his way home from Atlantic City, one has to wonder.

Ginny Simone, in a report for NRA News, discusses the case of Sgt. Ray Hughes who is facing felony charges.