NJ Supremes: Machetes protected under 2A

[press1280]

The parties present contentions about the proper application of the Second Amendment and suggest that this Court adopt constitutional tests developed in other jurisdictions. But this case does not demand an extensive Second Amendment analysis. We need only observe that the Second Amendment protects the right of individuals to possess weapons, including machetes, in the home for self-defense purposes. See Heller, supra, 554 U.S. at 582, 592, 628, 128 S. Ct. at 2791-92, 2797, 2817, 171 L. Ed. 2d at 651, 657, 679. Thus, Montalvo had a constitutional right to possess the machete in his home for his own defense and that of his pregnant wife. Because the court's instructions did not convey this principle, the instructions were erroneous.

Opinion: http://caselaw.findlaw.com/nj-supreme-court/1863588.html

Clayton Cramer's take: http://claytonecramer.blogspot.com/2017/06/flying-pig-alert-new-jersey-supreme.html

 

[danb]

More: Volokh. https://www.washingtonpost.com/news...cts-some-bladed-weapons-and-not-just-firearms and https://www.washingtonpost.com/news...eople-at-the-door-with-a-machete-by-your-side

The New Jersey machete decision is important because it rejects a “spontaneity” requirement for arming yourself at home (the state’s theory that you could pick up a weapon against an imminent attack, but you can’t come to the door with the weapon just in case). But it’s also important because it reaffirms that the Second Amendment protects not just guns but other weapons as well.

This is shocking, coming from the NJ Supreme Court!

 

[Inigoes]

"In the home"

 

[danb]

When you consider the source though, this is actually a pretty good ruling.

 

[john_bud]

"In the home"

So does a "homeless" person have more ability to be armed as they are "in the home" everywhere?

Sort of joking... sort of not.

 

[Mr H]

This isn't a bad thing, IMO...

First we got ECDs as "bearable arms". Now, a recognition of large blades as being covered under 2A.

"In the home" can probably be shot down as a misinterpretation of the "most notably" language in (IIRC) Heller.

In short, I'm hoping someone can put together the logic, precedent, funding and stones to extend these little victories into covering ANYTHING that can be reasonably carried (of course burst and FA will have to be conceded) qualifying as a protected means of self-defense.

Not being a Legal Eagle (more like a Starling), I think this could be done in the next 4-8 years, just based on my lay observations (which are probably worth exactly what you're paying for them).

 

[Glaron]

I like it. Love my sword.

 

[knastera]

I like it. Love my sword.

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[hawkeye86]

I have always considered machetes as a tool not unlike a chainsaw or hatchet. I often have one on my belt when doing yard work to clear out the endless supply of vines in my backyard.


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[j_h_smith]

Okay that's great, but you still must have a firearm's permit to buy a pellet gun in NJ.

Get the firearm stuff straight and then you can go on to other weapons.

 

[Glaron]

Whats wrong with supporting both and working in parallel?

 

[WeaponsCollector]

As if Americans really need some court to tell us what our second amendment means....
But at least they didn't make a totally stupid ruling.

 

[j_h_smith]

Whats wrong with supporting both and working in parallel?

Well lets see. If the government gives in on a small portion of the 2A like a machete, when it come time to address the real issue (firearms), they will be more than willing to remind you that they already helped with your 2A rights. Without having to address the real reason we are all fighting of our 2A rights.

A machete is not my first choice of a self defense weapon.

 

[Glaron]

You can go with that theory.

I am giving in on NO self defense rights.

 

[TheBert]

Well lets see. If the government gives in on a small portion of the 2A like a machete, when it come time to address the real issue (firearms), they will be more than willing to remind you that they already helped with your 2A rights. Without having to address the real reason we are all fighting of our 2A rights.

A machete is not my first choice of a self defense weapon.

"...the right of the people to keep and bear arms..."

Arms is a general term to define armaments used for offensive and defensive conflict. We are fighting for our 2A rights, not just our ability to keep and bear firearms."

 

[hawkeye86]

A machete is not my first choice of a self defense weapon.

Not mine either but I can imagine it would be quite effective.


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[Biggfoot44]

Not my first choice of defensive arms . But proceeding in the Courts on all aspects of 2A is a good thing .

 

[CrazySanMan]

Machetes today, howitzers tomorrow. Baby steps...

 

[Biggfoot44]

Probably wouldn't make use of a howitizer. But a blackjack, and maybe an ASP would be nice

 

[alucard0822]

Been keeping up on this and a few other cases through Kniferights. Overturning stupid 2A infringements is always a good thing.