[MTH]

The Following is an axcerpt from the NJ Law Journal today:


21-2-3308 I/M/O the Appeal of Michael A. D'Antonio from the Denial of an
Application for a Permit to Carry a Handgun, Law Div.-Bergen Cy.
(Harris, J.S.C.) (12 pp.) Allendale's Chief of Police denied D'Antonio's
application for a permit to carry a handgun. The focal point of the
ensuing evidentiary hearings was D'Antonio's unsettled relationship with
a former independent contractor, who D'Antonia claimed verbally
threatened D'Antonio's life and shoved D'Antonio into a wall. Here, the
court concluded that D'Antonio's encounters more than nine months prior
did not demonstrate an objectively based particularized need for
self-protection and or prove an urgent necessity to carry a handgun. As
to D'Antonio's Second Amendment argument, the court noted that the
statutory framework in the instant matter remains unaffected by the
Supreme Court's holding in District of Columbia v. Heller that the
Second Amendment confers an individual right to keep and bear arms for
personal protection. Heller extends only to the federal government and
not to the states.

Heller extends only to the federal government and not to the states.

I Can't wait to see how this turns out on appeal

 

[Drop Tine]

Last time I checked Federal Government law supersedes State [confused]

 

[bloodtrails]

Heller extends only to the federal government and not to the states.

Wow. Just wow....

 

[MTH]

Last time I checked Federal Government law supersedes State

That's my understanding too Paul-and I'm a lawyer

 

[bloodtrails]

The NRA needs to be all over this. I just sent this to Chris Cox.

 

[bloodtrails]

This is the comment I got back from a lawyer on this:


Technically it's correct due to the bizarre doctrine of “incorporation,” which says that constitutional rights do not bind the states until that right has specifically been “incorporated” to the states in an appropriate case. Heller may have had great facts, but because it applied to the DC gun ban, it only applies to US territories.

This is why the second round of Heller cases in process, which were calculated to be the lowest hanging fruit that will get us incorporation.

This is also why proper case selection – and jurisdiction selection – is so important.

 

[Grits N Gravy]

Crazy. What is the point of having a federal Constitution then?

 

[nick]

NJ liberal courts are just hanging on..

 

[bobo64]

What is the point of having a federal Constitution then?

Yeah WTF

 

[SmackDown66]

WOW!! So... we can bare arms to and from the range and woods. Guess it was important enough to put in constitution! American robots are so well behaved!!SAD world we live in but i guess if no one does anything about it we will always be robots

 

[kmtpr]

NJ liberal courts are just hanging on..

Wait til there are "more" liberal judges in the system; especially after Obama appoints liberal Supreme Court judges. [wallmad][wallmad][wallmad]

 

[ChrisM]

The NJ court is right unfortunately.

Take a look at this thread I created awhile back about a dicussion I had with Alan Gura, the lawyer who argued and won the Heller case.

http://www.newjerseyhunter.com/article48016.htm

Of particular importance in that thread:

Finally, he said that incorportation through the 14th Amendment's Due Process clause was likely! What does this mean? It means that the guarantee of the right to bear arms will be applied to the states. Just like no state can restrict the freedom of speech, no state will be able to restrict the right to bear arms. This is big news!

The next big case we need to go through the system is one exactly like this one in NJ. A case like this is perfect to answer the question of whether the right to bear arms is to essential to our understanding of freedoms, that it must be incorporated though the 14 Amendments Due Process Clause. This is the only way to bind states to the Heller decision.

 

[old knife buddy]

to bad people in other states dont chalenge at the same time it would make a tiny wave

 

[bobo64]

no state will be able to restrict the right to bear arms.

That would be a big win.

 

[230grain hollowpoint]

The NRA needs to be all over this. I just sent this to Chris Cox.

I agree,but I think the NRA fas deemed NJ a lost cause.

 

[ChrisM]

What is the point of having a federal Constitution then?

The Federal Constitution at its basic level operates to regulate the federal government. It also, and very importantly, creates State Sovereignty (10th Amendment). This is why the Heller Decision does not bound the states.

The Constitution also provides for Due Process in the 14th Amendment. To put it simply, the constitution recognizes that there are some things that are so basic to the understanding of liberty and freedom, that those things (rights) must be applied to the states. The constitution uses the 14th Amendment to "incorporate" those very important rights to the states (ie...freedom of speech, religion, privacy....etc...etc). Unfortunately, the 2nd Amendment (and its interpretation through the Heller Case) has not yet been incorportated/applied to the states through the 14th Amendment. What we need is for another case to work its way though the system in order to get such a holding from the SCOTUS.

 

[bloodtrails]

I agree,but I think the NRA fas deemed NJ a lost cause.

What I've learned is the NRA is choosy about the cases they will persue. They will only participate in the cases thay can win. Cases like this have a snowball effect and even if the merits of the case are solid, a case like this shows the law was not on his side and it should not have been persued.

 

[Grits N Gravy]

Lawyers[mad]

 

[ChrisM]

Lawyers[mad]

The only lawyers being mentioned in this thread are ones that make a career out of fighting for the rights of gun owners....NRA lawyers......Alan Gura....etc. Why are you angry with them?

I could see you being angry at the government for finding that the right to privacy (which is not even mentioned in the Constitution) is incorporated and applied to the states, but failing to incorpotate right to bear arms (which is spelled out clearly in the 2nd. But then again...that would require your last post to read:

Government[mad]

 

[old knife buddy]

in the nj herald today corslime said he would not vote on if illegals could drive in nj ITS UP TO THE FEDRAL GOVERMENT . dont u like all the little side steps these politician do. So they will bash ccw back and forth