NJ pro se gun case

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    press1280

    Ultimate Member
    Jun 11, 2010
    7,916
    WV
    http://scholar.google.com/scholar_c...6036&q="bear+arms"&hl=en&scisbd=2&as_sdt=6,49

    Another poorly thought out case by a pro se, but also an example of how the NJ (and even the Federal District of NJ) courts will use this to their advantage not only to win the case but to expand the holdings of other cases.

    Plaintiff applied for FOID and pistol purchase permits, yet the District Court used Drake as backing that NJ's WHOLE firearm scheme was constitutional, not simply the "justifiable need" law.

    Yet another example of how purely anti gun NJ is.
     
    D

    DC-W

    Ultimate Member
    Patriot Picket
    Jan 23, 2013
    25,290
    ️‍
    What the unholy fack? Is there more to this story? Is he legally prohibited in any way (aside from NJ nonsense)?
     
    B

    BradyWarrior

    Banned
    BANNED!!!
    Dec 13, 2014
    1,206
    Maryland
    ....the rest of the story.

    Easytarget18 said:
    Waiting for "the rest of the story..."
    Click to expand...

    Unless otherwise noted, the following facts are alleged in Plaintiff's complaint. On January 11, 2013, Marc Stephens filed an application for a firearms purchaser identification card and two permits to purchase a handgun with the Englewood Police Department. Def. Br. at 6, E.C.F. no.13-1. These applications were made under N.J.S.A. 2C:58-3. On June 4, 2013, Stephens received a letter from Englewood Police Department Chief Arthur O'Keefe denying his application. O'Keefe's letter cited public health, safety, and welfare as the reason for denial, pursuant to N.J.S.A. 2C:58-3(c)(5). Moreover, the letter informed Plaintiff of his right to appeal the denial, pursuant to N.J.S.A. 2C:58-4(e). Plaintiff requested a hearing before the Superior Court of New Jersey's Honorable Edward Jerejian, which was held on September 13, 2013. At the hearing, the Bergen County Prosecutor argued that Plaintiff's brother, a convicted felon, had the same address of record as Plaintiff. This hearing was adjourned, and a second hearing was held on November 15, 2013. At the second hearing, Plaintiff testified he would not be living with his brother. Moreover, Sergeant Alston of the Englewood P.D., testified that Plaintiff was not a threat to public safety. The court ordered another member of Englewood P.D. to investigate Plaintiff's request. Plaintiff received a third hearing on February 11, 2014, and on March 6, 2014, Judge Jerejian denied Plaintiff's application, again citing public health, safety, and welfare. On August 7, 2014, Plaintiff moved for reconsideration and was denied.
    Click to expand...

    The rest of the story...the guy was living with his brother who is a convicted felon.

    http://www.leagle.com/decision/In FDCO 20150807A90/STEPHENS v. JEREJIAN
     
    Brooklyn

    Brooklyn

    I stand with John Locke.
    Jan 20, 2013
    13,095
    Plan D? Not worth the hassle.
    It was a claim for damages under USC 42 .sec 1983..

    Which requires a clear finding on the constitutional questions...which as near as I can tell was never reached.

    And thus it was dismissed...I do not think its actually new president on the constitutional question..

    But it was a waste of time..

    I could be misreading..but think its more neutral than bad ..
     
    R

    ryan_j

    Ultimate Member
    Aug 6, 2013
    2,264
    He should have called Nappen. But retaining Nappen costs money.

    And he would have probably lost anyway.

    At this point it's just pissing in the wind. I am so over this state. Moving out when I get the chance.
     
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