NJ lawsuit

3572 Views 77 Replies 15 Participants Last post by SteveG, Dec 23, 2010

jrd

Discussion Starter · Dec 23, 2010

Not sure if this has been posted....

AF, ANJRPC ASK FOR SUMMARY JUDGMENT IN NEW JERSEY LAWSUIT

BELLEVUE, WA - The Second Amendment Foundation and the Association of New Jersey Rifle and Pistol Clubs have filed a motion for summary judgment in their federal lawsuit that challenges New Jersey handgun carry laws.

SAF and ANJRPC filed the lawsuit last month in federal district court in New Jersey. If this motion is granted, there could be action on the case early in 2011.

"We're challenging New Jersey's unconscionable law that forces citizens to demonstrate some absurd justifiable need' in order to exercise a constitutional right to keep and bear arms," said SAF Executive Vice President Alan Gottlieb. "The way Garden State officials consistently abuse their authority to deny handgun licenses under existing statute is simply unconstitutional, and our case will prove that."

"Our papers represent a superb piece of legal work and establish a rock solid foundation for restoring sanity to the way New Jersey treats the fundamental right of self defense," added ANJRPC President Scott Bach. "The right to defend yourself with a firearm outside the home has long been denied in the Garden State, and we intend to change that."

The legal brief filed as part of Monday's summary judgment motion details the legal reasons for overturning New Jersey's carry laws.

"Our partners in New Jersey anticipate opposition from the state Attorney General," Gottlieb said. "We expect a motion for dismissal to be filed by the Attorney General sometime next month."

Since its historic Second Amendment victory in McDonald v. City of Chicago, SAF is also pursuing challenges to similar gun permit law abuses in New York, California, Maryland and Washington, D.C., and has also filed a federal lawsuit challenging North Carolina's Emergency Powers statute, along with several other important Second Amendment cases.

The Second Amendment Foundation (www.saf.org) is the nation's oldest and largest tax-exempt education, research, publishing and legal action group focusing on the Constitutional right and heritage to privately own and possess firearms. Founded in 1974, The Foundation has grown to more than 650,000 members and supporters and conducts many programs designed to better inform the public about the consequences of gun control. SAF has previously funded successful firearms-related suits against the cities of Los Angeles; New Haven, CT; and San Francisco on behalf of American gun owners, a lawsuit against the cities suing gun makers and an amicus brief and fund for the Emerson case holding the Second Amendment as an individual right.

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jrd

Discussion Starter · #2 · Dec 23, 2010

Not sure if this has been posted....

AF, ANJRPC ASK FOR SUMMARY JUDGMENT IN NEW JERSEY LAWSUIT

BELLEVUE, WA - The Second Amendment Foundation and the Association of New Jersey Rifle and Pistol Clubs have filed a motion for summary judgment in their federal lawsuit that challenges New Jersey handgun carry laws.

SAF and ANJRPC filed the lawsuit last month in federal district court in New Jersey. If this motion is granted, there could be action on the case early in 2011.

"We're challenging New Jersey's unconscionable law that forces citizens to demonstrate some absurd justifiable need' in order to exercise a constitutional right to keep and bear arms," said SAF Executive Vice President Alan Gottlieb. "The way Garden State officials consistently abuse their authority to deny handgun licenses under existing statute is simply unconstitutional, and our case will prove that."

"Our papers represent a superb piece of legal work and establish a rock solid foundation for restoring sanity to the way New Jersey treats the fundamental right of self defense," added ANJRPC President Scott Bach. "The right to defend yourself with a firearm outside the home has long been denied in the Garden State, and we intend to change that."

The legal brief filed as part of Monday's summary judgment motion details the legal reasons for overturning New Jersey's carry laws.

"Our partners in New Jersey anticipate opposition from the state Attorney General," Gottlieb said. "We expect a motion for dismissal to be filed by the Attorney General sometime next month."

Since its historic Second Amendment victory in McDonald v. City of Chicago, SAF is also pursuing challenges to similar gun permit law abuses in New York, California, Maryland and Washington, D.C., and has also filed a federal lawsuit challenging North Carolina's Emergency Powers statute, along with several other important Second Amendment cases.

The Second Amendment Foundation (www.saf.org) is the nation's oldest and largest tax-exempt education, research, publishing and legal action group focusing on the Constitutional right and heritage to privately own and possess firearms. Founded in 1974, The Foundation has grown to more than 650,000 members and supporters and conducts many programs designed to better inform the public about the consequences of gun control. SAF has previously funded successful firearms-related suits against the cities of Los Angeles; New Haven, CT; and San Francisco on behalf of American gun owners, a lawsuit against the cities suing gun makers and an amicus brief and fund for the Emerson case holding the Second Amendment as an individual right.

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SteveG

· #3 · Dec 23, 2010

They also entered a motion for summary judgement in the NY case as did the plaintiffs in NY. In other words each side is asking the judge to dismiss the case in favor of themselves. I believe the Judge asked both sides in NY for supporting documents with a deadline of I think December of January, but I do not see the Judge granting the motion for either side because too much is at stake here. I posted this in one of the first updates I did.

In any case, NJ is another example of the SAF doing what the NRA should be doing.
Interesting to note that the local State association has joined the suit in NJ unlike NY where our State association feels the McDonald and Heller rulings are useless.

SteveG

· #4 · Dec 23, 2010

They also entered a motion for summary judgement in the NY case as did the plaintiffs in NY. In other words each side is asking the judge to dismiss the case in favor of themselves. I believe the Judge asked both sides in NY for supporting documents with a deadline of I think December of January, but I do not see the Judge granting the motion for either side because too much is at stake here. I posted this in one of the first updates I did.

In any case, NJ is another example of the SAF doing what the NRA should be doing.
Interesting to note that the local State association has joined the suit in NJ unlike NY where our State association feels the McDonald and Heller rulings are useless.

hunter won

· #5 · Dec 23, 2010

Gov Christie sounds like he would be on the side of the second amendment.Not sure about NJ if it's up to the county like NY where they only give target no carry unless you show proper cause.

hunter won

· #6 · Dec 23, 2010

Gov Christie sounds like he would be on the side of the second amendment.Not sure about NJ if it's up to the county like NY where they only give target no carry unless you show proper cause.

Recoil

· #7 · Dec 23, 2010

SteveG said:
Interesting to note that the local State association has joined the suit in NJ unlike NY where our State association feels the McDonald and Heller rulings are useless.

It's not just NJ either, every time you read about a lawsuit in another state, the state gun rights group is usually involved. The NYSRPA should be stepping up here in NY.

Recoil

· #8 · Dec 23, 2010

SteveG said:
Interesting to note that the local State association has joined the suit in NJ unlike NY where our State association feels the McDonald and Heller rulings are useless.

It's not just NJ either, every time you read about a lawsuit in another state, the state gun rights group is usually involved. The NYSRPA should be stepping up here in NY.

T.Webb

· #9 · Dec 23, 2010

SteveG said:
They also entered a motion for summary judgement in the NY case as did the plaintiffs in NY. In other words each side is asking the judge to dismiss the case in favor of themselves. I believe the Judge asked both sides in NY for supporting documents with a deadline of I think December of January, but I do not see the Judge granting the motion for either side because too much is at stake here. I posted this in one of the first updates I did.

In any case, NJ is another example of the SAF doing what the NRA should be doing.
Interesting to note that the local State association has joined the suit in NJ unlike NY where our State association feels the McDonald and Heller rulings are useless.

Steve,

Thank you very much for the update.

T.Webb

· #10 · Dec 23, 2010

SteveG said:
They also entered a motion for summary judgement in the NY case as did the plaintiffs in NY. In other words each side is asking the judge to dismiss the case in favor of themselves. I believe the Judge asked both sides in NY for supporting documents with a deadline of I think December of January, but I do not see the Judge granting the motion for either side because too much is at stake here. I posted this in one of the first updates I did.

In any case, NJ is another example of the SAF doing what the NRA should be doing.
Interesting to note that the local State association has joined the suit in NJ unlike NY where our State association feels the McDonald and Heller rulings are useless.

Steve,

Thank you very much for the update.

2edgesword

· #11 · Dec 23, 2010

Recoil said:
It's not just NJ either, every time you read about a lawsuit in another state, the state gun rights group is usually involved. The NYSRPA should be stepping up here in NY.

These lawsuits can be expensive and I think NYSRPA is a relatively small group versus the NRA, GOA, etc. The strategy is probably to let the one major suit that is in the works in NY (Westchester) work its way through the system to and outcome rather then having multiple suits filed (at a cost) that in the end don't help the cause.

2edgesword

· #12 · Dec 23, 2010

Recoil said:
It's not just NJ either, every time you read about a lawsuit in another state, the state gun rights group is usually involved. The NYSRPA should be stepping up here in NY.

These lawsuits can be expensive and I think NYSRPA is a relatively small group versus the NRA, GOA, etc. The strategy is probably to let the one major suit that is in the works in NY (Westchester) work its way through the system to and outcome rather then having multiple suits filed (at a cost) that in the end don't help the cause.

hunter won

· #13 · Dec 23, 2010

Not sure why the NRA won't join in on the law suit.As everyone know's it was predicted that more lawsuits and cases are going to be heard by SCOTUS the next few years.The "good cause or proper cause" would be tossed out I would think because the conservative judges agreed it was an individual right.Reasonable restrictions to get a license.Would the court think proper training be reasonable? I know that many states wan't this as part of obtaining a handgun license.I know I mentioned it here on the forum and struck a nerve.

hunter won

· #14 · Dec 23, 2010

Not sure why the NRA won't join in on the law suit.As everyone know's it was predicted that more lawsuits and cases are going to be heard by SCOTUS the next few years.The "good cause or proper cause" would be tossed out I would think because the conservative judges agreed it was an individual right.Reasonable restrictions to get a license.Would the court think proper training be reasonable? I know that many states wan't this as part of obtaining a handgun license.I know I mentioned it here on the forum and struck a nerve.

T.Webb

· #15 · Dec 23, 2010

2edgesword said:
These lawsuits can be expensive and I think NYSRPA is a relatively small group versus the NRA, GOA, etc. The strategy is probably to let the one major suit that is in the works in NY (Westchester) work its way through the system to and outcome rather then having multiple suits filed (at a cost) that in the end don't help the cause.

Is the NY group smaller than Jersey's equivalent ?? Yes, the NRA, GOA, and SAF are much larger groups. After all, they're Nation-wide, not State based. However, the New Jersey group stepped forward for its citizenry. NYSRPA seems to do very little more than update its Facebook page.

NYSRPA is essentially telling me (and you) that our downstate rights don't matter to a hill of beans because we're not in their little Upstate clique. That's why they'll no longer be receiving any of my hard earned monies. I'll find a better 2A based organization for my donations.

T.Webb

· #16 · Dec 23, 2010

2edgesword said:
These lawsuits can be expensive and I think NYSRPA is a relatively small group versus the NRA, GOA, etc. The strategy is probably to let the one major suit that is in the works in NY (Westchester) work its way through the system to and outcome rather then having multiple suits filed (at a cost) that in the end don't help the cause.

Is the NY group smaller than Jersey's equivalent ?? Yes, the NRA, GOA, and SAF are much larger groups. After all, they're Nation-wide, not State based. However, the New Jersey group stepped forward for its citizenry. NYSRPA seems to do very little more than update its Facebook page.

NYSRPA is essentially telling me (and you) that our downstate rights don't matter to a hill of beans because we're not in their little Upstate clique. That's why they'll no longer be receiving any of my hard earned monies. I'll find a better 2A based organization for my donations.

Gary_Hungerford

· #17 · Dec 23, 2010

SteveG said:
They also entered a motion for summary judgement in the NY case as did the plaintiffs in NY. In other words each side is asking the judge to dismiss the case in favor of themselves. I believe the Judge asked both sides in NY for supporting documents with a deadline of I think December of January, but I do not see the Judge granting the motion for either side because too much is at stake here. I posted this in one of the first updates I did.

In any case, NJ is another example of the SAF doing what the NRA should be doing.
Interesting to note that the local State association has joined the suit in NJ unlike NY where our State association feels the McDonald and Heller rulings are useless.

Steve:
There is a very good reason that the NYSRPA's management team feels that the Heller and M[sup]c[/sup]Donald decisions are useless. It's really very, very simple. The organization is controlled by a small handful of morons, who rule over the rest of their BoD. Get rid of their two leading morons, after which you'll have a chance, at a functional state association, again.
Gary

Gary_Hungerford

· #18 · Dec 23, 2010

SteveG said:
They also entered a motion for summary judgement in the NY case as did the plaintiffs in NY. In other words each side is asking the judge to dismiss the case in favor of themselves. I believe the Judge asked both sides in NY for supporting documents with a deadline of I think December of January, but I do not see the Judge granting the motion for either side because too much is at stake here. I posted this in one of the first updates I did.

In any case, NJ is another example of the SAF doing what the NRA should be doing.
Interesting to note that the local State association has joined the suit in NJ unlike NY where our State association feels the McDonald and Heller rulings are useless.

Steve:
There is a very good reason that the NYSRPA's management team feels that the Heller and M[sup]c[/sup]Donald decisions are useless. It's really very, very simple. The organization is controlled by a small handful of morons, who rule over the rest of their BoD. Get rid of their two leading morons, after which you'll have a chance, at a functional state association, again.
Gary

CaptainMitchell

· #19 · Dec 23, 2010

hunter won said:
Not sure why the NRA won't join in on the law suit.As everyone know's it was predicted that more lawsuits and cases are going to be heard by SCOTUS the next few years.The "good cause or proper cause" would be tossed out I would think because the conservative judges agreed it was an individual right.Reasonable restrictions to get a license.Would the court think proper training be reasonable? I know that many states wan't this as part of obtaining a handgun license.I know I mentioned it here on the forum and struck a nerve.

I just read the latest issue of America's 1st Freedom and there is an article regarding how cases are being chosen by the NRA for representation. Interesting read.

CaptainMitchell

· #20 · Dec 23, 2010

hunter won said:
Not sure why the NRA won't join in on the law suit.As everyone know's it was predicted that more lawsuits and cases are going to be heard by SCOTUS the next few years.The "good cause or proper cause" would be tossed out I would think because the conservative judges agreed it was an individual right.Reasonable restrictions to get a license.Would the court think proper training be reasonable? I know that many states wan't this as part of obtaining a handgun license.I know I mentioned it here on the forum and struck a nerve.

I just read the latest issue of America's 1st Freedom and there is an article regarding how cases are being chosen by the NRA for representation. Interesting read.

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