Tuesday, March 20, 2007

The Second Amendment Lives in New Jersey!

From Evan Nappen, a practicing New Jersey attorney (and a damn good one, apparently), we learn about a recent State Superior Court decision that actually upholds the Second Amendment, as opposed to dousing it in favor of whatever new politically correct ideas have floated, like so much flotsam and jetsam, through the legal arena:

In a landmark written
opinion filed February 27, a New Jersey Superior Court recognized the Second Amendment of the U.S. Constitution and held that a citizen’s Constitutional Right to Keep and Bear Arms cannot be involuntarily waived under a New Jersey firearms forfeiture law.
“The recognition of Second Amendment rights in New Jersey is long overdue,” said attorney Evan F. Nappen....

In the New Jersey case, the appellant was denied re-issuance of his Firearms Purchaser ID card based on his consent to relinquish firearms seized in a domestic dispute in 2000. In 2004, New Jersey enacted a law barring Firearms Purchaser ID cards to any person whose firearms have been seized and not returned.
The Honorable John H. Pursel, J.S.C. held that the statute did not apply and the Firearms Purchaser ID card should be issued because the appellant did not know that his prior consent to relinquish his firearms would subject him to permanent loss of his Second Amendment rights under the 2004 law.

The ruling states in key part:

Egregious deprivation would surely be the result if this applicant were precluded from obtaining a firearms purchaser identification card by virtue of the fact that he consensually surrendered his weapons at a time when it was impossible for him to have known that such action would later subject him to lifelong deprivation of his second amendment right.
Additionally, it is clear that in consenting to the disposition of the weapons seized as a result of the temporary restraining order, the applicant did not intend to waive his right to bear arms as provided by the second amendment of the U.S. Constitution.

Scary how quickly the state and federal governments are willing and anxious to suspend constitutional rights, even in an "ex-post facto' case like the one above. A great job by Mr. Nappen and Co.; it's a win for all of us...

But never fear, lefties, for the Warren County Prosecutor has filed a notice of appeal in the case.

More taxpayers dollars wasted in an attempt to curtail the rights of honest citizens.

What a state....

The Bitch Girls....

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