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

Posted November 2nd, 2009 by xntryk1

October 28, 2009 7:50 PM

N.J. Court Says Americans Have No Right To Buy Handguns
Posted by Declan McCullagh

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."

But New Jersey Appellate Division Judge Stephen Skillman wrote on behalf of a unanimous three-judge panel that Heller "has no impact upon the constitutionality of" the state law.

That's because, Skillman said, the Supreme Court did not strike down the District of Columbia's de facto handgun ban but instead simply ordered the city to issue a permit. In other words, while Americans may have the right in general to possess arms, the exact contours of that right have not been mapped, especially as the Second Amendment applies to state laws. (The court's majority opinion last year said: "We therefore assume that petitioners' issuance of a license will satisfy respondent's prayer for relief and do not address the licensing requirement.")

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Judges can't read

On November 3rd, 2009 republic says:

Article I, 1. All persons are by nature free and independent, and have certain natural and unalienable rights, among which are those of enjoying and defending life and liberty, of acquiring, possessing, and protecting property, and of pursuing and obtaining safety and happiness.

What part of unalienable don't these idiots understand? New Jersey did not create the right to property or defense of property, therefore they may not tax or regulate it.

“The great principle is this: because the constitution will not permit a state to destroy, it will not permit a law [including a tax law] involving the power to destroy. ”

[Providence Bank v. Billings, 29 U.S. 514 (1830)]

"The power to tax involves the power to destroy; the power to destroy may defeat and render useless the power to create; and there is a plain repugnance in conferring on one government [THE GOVERNMENT OF NEW JERSEY] a power to control the constitutional measures of another [WE THE PEOPLE], which other, with respect to those very measures, is declared to be supreme over that which exerts the control."

[Van Brocklin v. State of Tennessee, 117 U.S. 151 (1886)]

republic

Personally I am in favor of gun control.

On November 3rd, 2009 iehuvihs says:

The government should have no guns and all people should have to right to bear arms.
In case of a war, the government can ask people to bring their arms and fight.
grant

Sometimes i hate my state.

On November 2nd, 2009 FreeManOnLand says:

Good thing its not a state, but a corporation.
-TeamLaw.net

I reserve the right to govern myself.

You live at the pleasure and discretion of your master

On November 2nd, 2009 none says:

Government

If enough people in NJ simply told the NJ government to screw and owned and carried handguns anyway, don't you think that the NJ government would get the message?

You don't seem to understand....

On November 2nd, 2009 LastAmericanStanding says:

You can't purchase a handgun in NJ without a permit. It could take three months (or more) to get a permit. It allows you to buy one handgun. Of course, you can apply for more than one permit at a time...in fact you kinda have to, unless you're an idiot. With that kind of wait there is no sense in NOT getting two or three and just sitting on them. They are good for three months ONLY. You can file for an extension, but only once.
Doesn't matter how many permits you get because as of January 2010 you may only purchase one handgun a month in NJ.
We're right behind Kalifornia in the 'stupid' department.
You are conducting a "chicken/egg" discussion.

I may not know the truth, but I know when I'm being lied to...

Oh, I understand just fine.

On November 3rd, 2009 none says:

You can't buy a gun without a permit? If I were to come to NJ with a handgun for sale, would it be physically impossible for me to hand you the gun in exchange for you handing me cash without having a permission slip from the government? Nope.

Willingness to do so, on the other hand, on both the part of the seller and buyer is another issue.

So, who says the courts have any jurisdiction here?

On November 2nd, 2009 Bob-45 says:

The Second Amendment clearly excludes local, state and federal authorities from infringing the right to bear arms. Courts have Constitutional right of judicial review. Stop listening to corrupt judges.
Denounce the hypocrites, just as John the Baptist and Jesus did.

AR-15 open carry is a good alternative.

On November 2nd, 2009 SteveMT says:

Is there any law against that in Jersey?

Open carry make help the court to rethink their errant decision.

There is a law against most everything in NJ...

On November 2nd, 2009 LastAmericanStanding says:

And I'm not saying that to be funny.

I may not know the truth, but I know when I'm being lied to...

Inalienable right...

On November 2nd, 2009 Jiminy Cricket says:

...or privilege?

Having to ask permission would seem to imply the latter. :(

Oops, I meant to say "unalienable" above.

On November 3rd, 2009 Jiminy Cricket says:

Yup...

On November 2nd, 2009 xntryk1 says:

~~~~~~~~~~~~~~~~~~~~~~~~
"Let them protest all they want, as long as they pay their taxes.” ...credited to Al Haig, Ronald Reagan's Secretary of State.
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