ANJRPC Carry Lawsuit

[Haskell_Hunter]

https://www.anjrpc.org/page/CarryLawsuitFilings

https://cdn.ymaws.com/www.anjrpc.org/resource/resmgr/legal_motions___briefs/complaint_dec_22_u.pdf

I am reading through what they filed in a lawsuit against NJ.  They are going full-bore!

So the anti-gun folks put forth this legislation.  Well, the ANJRPC filed a lawsuit against that legislation saying it's unconstitutional, BUT, they also went through the ENTIRE NJ code and picked out every single gun regulation and pointed out how it too was unconstitutional based on Bruen and the tests.  This is HUGE!  This will have national implications beyond the NYS decision!

Wow...

[Haskell_Hunter]

From the filing:

Quote

Pre-existing New Jersey fish and game regulations have several unconstitutional firearm prohibitions sprinkled throughout. N.J.A.C. 7:25–5.23(m) prohibits the simultaneous possession of both a bow and a firearm while hunting. Thus, bow hunters are completely denied the right to carry as a matter of course. N.J.A.C. 7:25–5.23(i) prohibits firearm possession “within the limits of a state game refuge unless authorized by the Division.” Finally, N.J.A.C. 7:25– 5.23(a), (c), and (f) restrict the type of ammunition a person may possess while “in the woods, fields, marshlands, or on the water,” or while hunting various game. These prohibitions preclude possession of defensive handgun ammunition and therefore entirely prohibit the carry of a handgun for self-defense—the very fundamental right protected under Bruen. Notably, these rules do not merely regulate what ammunition can be used for hunting but rather they regulate mere possession regardless of use. This action also challenges those fish and game prohibitions as unconstitutional.

 

[Haskell_Hunter]

Quote

Further, this provision purports to regulate a completely undefined activity called “carry.” There is nothing in this or any other New Jersey law that defines what it means to “carry” a firearm as opposed to, say, possess or transport. No one could reasonably know what the criminal prohibitions relating to “carry,” actually refer to.

 

[nmc02]

I don't care what they say, I am still carrying.

[mazzgolf]

Wow - If I read this right, this is a FEDERAL suit... this isn't going through the (liberal) NJ court system. This is directly going through the federal court system which isn't as liberal as the NJ court judges. Which is a plus for us.

[vdep217]

I could be wrong but it seems basically we can carry in our vehicles as of right now. At lleast the way I read it but in the lot of a sensitive place or location without permission it must be unloaded and stored

 

 

[mazzgolf]

Quote

 

"restrict the type of ammunition a person may possess while “in the woods, fields, marshlands, or on the water,” or while hunting various game. These prohibitions preclude possession of defensive handgun ammunition and therefore entirely prohibit the carry of a handgun for self-defense—the very fundamental right protected under Bruen."

 

And lest we think this is just a trivial issue because "Oh, come on... who needs self-defense in the woods?"... this hits close to home. Just 2 years ago, a man who was bow hunting two days before Christmas was murdered... and this happened very close to a place I hunt.

https://www.nj.com/camden/2021/01/manhunt-underway-for-alleged-killer-of-hunter-found-slain-at-nj-scout-reservation.html

https://www.nj.com/camden/2021/01/accused-killer-of-nj-hunter-arrested-after-being-spotted-by-cop-in-pa-authorities-say.html

https://www.courierpostonline.com/story/news/2021/01/27/shawn-massey-joseph-bottino-christine-shah-detention-hearing/4281987001/

Quote

"Given the circumstances of this murder, this defendant’s mental health and his substance abuse issues, there’s no question he’d be a serious danger to the community ... Massey has a criminal record that includes three convictions for aggravated assault since 2014, including one incident that involved a law enforcement officer "

These animals live among us. Sure would be nice to know I would have the option to protect myself even while hunting.

[DJ0808]

To add to this Gun Owners of America just filed an emergency appeal to SCOTUS yesterday (12/21) regarding the NYS Concealed Carry Improvement Act (CCIA).

Here's a copy of the filing:

20221221121323672_Antonyuk Application to Vacate Stay FINAL.pdf

They are going full bore just like ANJRPC!!

[Bucndoe]

21 minutes ago, mazzgolf said:

And lest we think this is just a trivial issue because "Oh, come on... who needs self-defense in the woods?"... this hits close to home. Just 2 years ago, a man who was bow hunting two days before Christmas was murdered... and this happened very close to a place I hunt.

https://www.nj.com/camden/2021/01/manhunt-underway-for-alleged-killer-of-hunter-found-slain-at-nj-scout-reservation.html

https://www.nj.com/camden/2021/01/accused-killer-of-nj-hunter-arrested-after-being-spotted-by-cop-in-pa-authorities-say.html

https://www.courierpostonline.com/story/news/2021/01/27/shawn-massey-joseph-bottino-christine-shah-detention-hearing/4281987001/

These animals live among us. Sure would be nice to know I would have the option to protect myself even while hunting.

Don't you have have a weapon while hunting ?

[BowhunterNJ]

1 minute ago, Bucndoe said:

Don't you have have a weapon while hunting ?

Might take awhile to draw a bow...

[Booner]

55 minutes ago, nmc02 said:

I don't care what they say, I am still carrying.

It's called concealed for a reason

[Bucndoe]

26 minutes ago, BowhunterNJ said:

Might take awhile to draw a bow...

Improvise, adapt, overcome. Especially if your life is on the line

Edited December 22, 2022 by Bucndoe

[Haskell_Hunter]

Quote

Section 5(a)(5) of A4769 creates a new, unconstitutionally vague, fourth degree crime called “unjustified display of a handgun.”

85. Other parts of A4769 indicate what a person is required to do and not do when in possession of a handgun pursuant to a Handgun Carry Permit issued pursuant to N.J.S. 2C:58-4, but nothing in the statute gives a person any idea what constitutes the wholly independent statutory crime of unjustified display of a handgun.

 

[Haskell_Hunter]

Quote

87. Finally, as if to add insult to injury, in blatant violation of the Equal Protection Clause of the Fourteenth Amendment, A4769 creates a special gold-plated category of individuals who warrant special treatment under the law: judges, prosecutors, and attorneys general. Section 8 of A4769 creates a whole new exemption under N.J.S 2C:39-6, exempting judges and prosecutors from not only the so-called “sensitive place” restrictions in A4769 section 7 but from all of the firearm restrictions in N.J.S 2C:39-5.

88. Accordingly, not only can judges, prosecutors, and attorneys general carry handguns into schools, museums, zoos, and casinos, but they can carry machine guns into all of those places now as well (see N.J.S. 2C:39-5(a)).

89. There can be no possible constitutional basis to allow judges, prosecutors, and attorneys general to carry a firearm into such places but not regular folks.

 

[DJ0808]

Not sure if anyone has been following it, but CA just got slammed in Federal court for enacting a law that said if you sue the state over a gun law and lose the case, you have to pay all the state's legal fees related to defending the case. Judge Roger Benitez basically told them not only is it unconstitutional and stayed the law, he also said quote: "I can't think of anything more tyrannical"

When CA gun clubs first filed suit against the new law, the CA attorney general said he didn't think it was constitutional and didn't feel he could defend it, so Governor Newsom had his personal attorneys represent the state in court. 

Edited December 22, 2022 by DJ0808