SAF to fund NJ CCW case

press1280 · Mar 3, 2015

ryan_j said:
Yes.

In that case, seems quicker to stay in state court and hope the NJ Supremes just deny review and tee things up for SCOTUS.

Gray Peterson · Mar 4, 2015

ryan_j said:
and theoretically it could go to federal court again via the district courts. Remember when Drake (piszczatoski at the time) was in CA3 there wasn't Peruta or Palmer.

In fact that's how the original suit got there. All NJ carry permits go through the state courts. Jeff muller (the original lead plaintiff for drake, which was then muller v maenza) filed suit in federal court when his carry permit was denied upon appeal.

No, it can't.

Rooker-Feldman Doctrine.

The pistol permit judges are not directly acting in their judicial capacity. Mueller did not go to the appellate division for the NJ Courts. He was denied the license by the pistol license judge. They are NOT acting in their judicial capacities when making said decision.

However when it goes to the Appellate Division, those decisions become judicial in nature and can't be subtended into federal district court.

Pope414 · Mar 8, 2015

Kharn said:
The Supremes definitely were interested in Drake, it was listed for a total of three conferences before it was dismissed. Most cases get tossed after the first conference or get a single relist.

Drake:
Apr 2 2014 DISTRIBUTED for Conference of April 18, 2014.
Apr 21 2014 DISTRIBUTED for Conference of April 25, 2014.
Apr 28 2014 DISTRIBUTED for Conference of May 2, 2014.
May 5 2014 Petition DENIED.

And then, three weeks later, in re: Pantano:
5/28/2014 - NJ S.Ct. Dismissed as Improvidently Granted

New Jersey courts have a history of claiming that a cert denial by the SCOTUS is the same as being upheld on the merits, and Pantano sat on their docket for ten months (cert was granted 7/19/2013). Maybe this time 1 First won't be fooled by silly games.

I hope the Scotus will remember when the time comes how they were played by the New Jersey A.G. Their main argument was that the Scotus didn't need to hear Drake because Pantano was on the docket before the NJSC. After the Scotus denied cert to Drake the NJSC Chief Justice Killed the Pantano case. The N.J AG used that case as a carrot to give the SCOTUS reason to deny drake under the guise that a ruling at the state level was in the near future. In a nutshell they lied to the Supreme Court knowing Pantano would never be heard.

SAF to fund NJ CCW case

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