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Blindshooter

Are NJ's gun laws getting repeal'ed

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It's true. I spoke to him yesterday He told me he is going to use executive orders to make NJ a "Constitutional Carry" state, eliminate the mag capacity laws, and assault weapons ban. Then he tried to sell me this bridge.

 

brooklyn-bridge-1a.jpg

Better jump on that. That's a mighty fine looking bridge.

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There's a rumor going around that Chris might be thinking of repealing some of NJ's gun laws. Anyone know if this is true?

 

Right, because he took unilateral executive action to make and unmake laws that won't be complete abuse of power and an offense that would get him kicked out of office.

 

Stop wishing for kings, even if they are "our" kings. :)

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I'm just passing on the info I see on other state forums.

 

Well as a rule of thumb, they are actually allowed to put things on the internet that aren't true. I would suggest that if something sounds to good to be true, and probably also highly outside the legal authority of the governor, odds are it is probably not true.

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Right, because he took unilateral executive action to make and unmake laws that won't be complete abuse of power and an offense that would get him kicked out of office.

 

Stop wishing for kings, even if they are "our" kings. :)

Actually, NJ can become a shall issue CCW state on the stroke of a pen.  All it would take would be for the AG to define self defense as a "justifiable need" and walla CCW.

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We live in one of the highest tax states in the nation. Our pension costs are exploding and welfare costs are passing light speed. People are fleeing NJ as soon as they can out of here. He just subsidized illegals college tuition while kids in the next state over pay full price.

His AG fought and beat us in court on a couple of occasions on gun related issues. The supream court kicked 2a off the docket and he did not say a word. He brought exatly zero jobs to NJ and may have even lost a large number.

So in short hillary stands a better chance of getting the nomination from the GOP then CC does.

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We live in one of the highest tax states in the nation. Our pension costs are exploding and welfare costs are passing light speed. People are fleeing NJ as soon as they can out of here. He just subsidized illegals college tuition while kids in the next state over pay full price.

His AG fought and beat us in court on a couple of occasions on gun related issues. The supream court kicked 2a off the docket and he did not say a word. He brought exatly zero jobs to NJ and may have even lost a large number.

So in short hillary stands a better chance of getting the nomination from the GOP then CC does.

 

None of that matters.  Nobody outside of NJ knows any of this. They sort of know that NJ's bad and they don't want to go there but they really don't know why.

 

Presidential elections are a popularity contest and Christi is too gruff to be popular in Minnesota, Kansas, Kentucky, etc.

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Actually, NJ can become a shall issue CCW state on the stroke of a pen.  All it would take would be for the AG to define self defense as a "justifiable need" and walla CCW.

 

I think Christie could do so without violating the law.

 

The last time the definition of justifiable need was adopted by the executive branch (not passed by the legislature) was pre Heller and McDonald.  At that time it wasn't completely clear (1) whether the second amendment guaranteed an individual or collective right and (2) whether the second amendment prohibition on government infringement applied to the states too.  Heller and McDonald cleared that up.  It is now clearly an individual right and the 2A clearly applies to the state governments too.

 

A decision by SCOTUS is biding on NJ.  The definition of justifiable need is now unconstitutional - according to SCOTUS.  I think Christie is legally bound to change the definition to include "self defense"

 

From Heller:  [The Second Amendment] “guarantee the individual right to possess and carry weapons in case of confrontation” and that “central to” this right is “the inherent right of self-defense”. 

 

Can't get any clearer than that.

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I gotta admit it, I get a chuckle every time someone makes the assumption that a republican is always pro-2A. Christie is an anti, period. He doesn't discuss gun legislation if he can avoid it because he is not be onboard with his party's position.

I know it's easy to generalize that republicans are pro-2A and democrats are antis, but there are always exceptions and Christie is one of those exceptions. His record may be worse than Obama's, ( Obama signed off on carry in national parks and on Amtrak trains, what has Christie done?)

Give up on Christie, he's done nothing for us and doesn't plan to change anything.

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The only good thing I think we've gottten from Christie on the 2A front is a delay until the next (D) governor ...

 

He hasn't helped but he hasn't hurt us either.  My spidey-sense is telling me things will get worse after he leaves. 

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the governor cannot "repeal laws"...the legislature must do it, then present the new laws repealing the old ones to the governor to sign

he can however change the administrative code....once done, it's likely hard to repeal that change because a precedent has been created.

trust me, when he goes, we are gonna be CRUSHED.....on a scale never seen before 

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I gotta admit it, I get a chuckle every time someone makes the assumption that a republican is always pro-2A. Christie is an anti, period. He doesn't discuss gun legislation if he can avoid it because he is not be onboard with his party's position.

I know it's easy to generalize that republicans are pro-2A and democrats are antis, but there are always exceptions and Christie is one of those exceptions. His record may be worse than Obama's, ( Obama signed off on carry in national parks and on Amtrak trains, what has Christie done?)

Give up on Christie, he's done nothing for us and doesn't plan to change anything.

 

I know that it's the popular stance to bad-mouth Christie with regard to guns. I also remember when he was for the assault wepon ban as shown in PK90's post. But he hasn't been as "do-nothing" as people have painted him. How quickly we forget that the 10-round mag limit bill and the .50 caliber ban - both passed by the legislature - died on his desk.

 

A number of you poked fun at the OP for his supposed assumption that the governor could just wave his magic wand and change the gun laws in our favor - yet you critics seem to be assuming the same thing. Here is a Christie quote regarding NJ's gun laws, from yesterday's Washington Post:

 

“In terms of what’s already on the books, believe me, there would be a whole list of things I would change,” Christie said at a town hall in New Jersey in the past week. “If you really want to change those laws in New Jersey, send me a Republican legislature.”.

 

I am not a Christie for President supporter by any stretch of the imagination, but in terms of a governor for NJ, it could have been so much worse had there been a Democrat in that office since 2010 - just look next door to NY.

 

Adios,

 

Pizza Bob

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NJ Statute:  2C:58-4: Simply states "Justifiable Need" without articulating what falls into JN

 

N.J.A.C. 13:54-2.4: Goes into details

  

(d) Each application form shall also be
accompanied by a written certification of justifiable
need to carry a handgun, which shall be under oath and which:
1. In the case of a private citizen shall specify in detail the urgent necessity for self-
protection, as evidenced by specific threats or previous attacks which demonstrate a
special danger to the applicant's life that cannot be avoided by means other than by
issuance of a permit to carry a handgun. Where possible the applicant shall corroborate
the existence of any specific threats or previous attacks by reference to reports of such

incidents to the appropriate law enforcement agencies;

 

 

NJAC (this section) is under control of  LAW AND PUBLIC SAFETY/AG / NJSP agency. As long as AC doesn't violate the corresponding Statue (in this case it will not), it can amended.

 

All these excuses are just games.

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Well put, Bob. In my opinion, no politician in this state who reaches a position of true influence / power will think of "us" like a quote from a doors song: "They've got the guns, but we've got the numbers." I believe that "we" will be outnumbered for the foreseeable future. Short of a miracle or federal internvention, we will have to fight to maintain the current situation in the years to come. Forget about improvements...

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The definition of justifiable need in the NJAC came from the court's decision in Sicardi v. State (1971).  This decision said that requiring an FID card to purchase a firearm was constitutional.  included a paragraph which defined justifiable need.  The definition in the NJAC is almost a word for word copy of that definition.  So, when the code was adopted in the 90's it was valid and based on a decision of the court.

 

That case (Sicardi) said that restricting who can get a permit is constitutional because the NJ courts already ruled that the 2A didn't protect our rights in Burton v. Sills. (1968).  In Burton, the court said two things.  It said that the 2A right to bear arms (1) it's not an individual right and (2) that the 2A doesn't apply to state governments (it referred to United States v. Cruikshank (1876) as proof of (2)).   And at the time the court might have been right.  There was no ruling by SCOTUS on either of those things so you were able to interpret the 2A any way you wanted.

 

But that has changed.  Heller said that the 2A is an individual right and McDonald said that it applies to the states.  So the foundation of Sicardi - which created the definition of justifiable need - is no longer legally valid.  In fact, the definition is a flagrant violation of these two binding rulings. 

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