Taser Lawsuit Filed in New Jersey

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  • adit

    ReMember
    MDS Supporter
    Feb 20, 2013
    19,790
    DE
    And replica Gun Ban

    https://www.municode.com/library/md..._CH58OFMIPR_ARTIIIOFINPUSA_DIV3GURE_S58-141DE

    DIVISION 3. - GUN REPLICAS

    Sec. 58-141. - Definition.
    Gun replica. A reproduction of an authentic weapon with similar design, weight and components of its real counterpart, which shoots BBs, pellets, darts or other projectiles made of plastic, metal or other materials.

    (Ord. No. 2003-20, 7-21-2003)

    Sec. 58-142. - Prohibited acts.
    (a)
    It shall be unlawful for any person to sell, barter, offer to sell, distribute, manufacture, give away, transfer or dispose of a gun replica or any part thereof, assembled or unassembled to a minor. As used herein, "person" includes an individual, partnership, corporation or any other entity.
    (b)
    It shall be unlawful for any minor to possess a gun replica or any part thereof, assembled or unassembled.
    (c)
    A person may not:
    (1)
    Wear, carry, or transport a gun replica, whether concealed or open, on or about the person; or
    (2)
    Wear, carry, or knowingly transport a gun replica, whether concealed or open, in a vehicle traveling on a street, road, boardwalk, alley or parking lot generally used by the public.
    (d)
    There is a rebuttable presumption that a person who transports a gun replica transports the gun replica knowingly.
    (Ord. No. 2003-20, 7-21-2003)

    Sec. 58-143. - Violations and penalties.
    Any violator of any of the provisions of this division, upon conviction thereof, shall be deemed guilty of a misdemeanor and be subject to a fine of up to $1,000.00 or to imprisonment of up to six months, or to both fine and imprisonment. In addition to such penalties, the Mayor and City Council of Ocean City shall have the right to pursue all other legal and equitable remedies in the appropriate courts.

    (Ord. No. 2003-20, 7-21-2003)
     

    Rab1515

    Ultimate Member
    Patriot Picket
    Apr 29, 2014
    2,081
    Calvert
    A homeowner possessing same in the confines of the home. As used herein homeowner means the owner or tenant, spouse and relatives, over the age of 18 residing therein. Homeowner does not include tenants or guests residing or staying for periods less than one year.
    (iii)

    This part confuses me. Doesn't this conflict with state/federal law? I remember reading something (case law?) that said hotels were abode and thus had the legal protections of a residence.
     

    wolfwood

    Ultimate Member
    Aug 24, 2011
    1,361
    well NJ is now effectively done. This consent decree was filed by both parties last night.
     

    Attachments

    • NJ stipulated order taser.pdf
      104.7 KB · Views: 182

    danb

    dont be a dumbass
    Feb 24, 2013
    22,704
    google is your friend, I am not.
    HEREBY ORDERED THAT:
    1. The Second Amendment guarantees individuals a fundamental right to keep and bear arms for self-defense District of Columbia v. Heller, 554 U.S. 570 (2008); McDonald v. Chicago, 561 U.S. 742 (2010); Caetano v. Massachusetts, 577 U.S. __(2016). Further, “the Second Amendment extends, prima facie, to all instruments that constitute bearable arms, even those that were not in existence at the time of the founding.” Heller, 554 U.S. at 582; Caetano, slip op. at 1 (per curiam).

    2. Pursuant to the holdings in Heller, McDonald and Caetano, N.J. Stat. Ann. § 2C:39-3(h), to the extent this statute outright prohibits, under criminal penalty, individuals from possessing electronic arms, is declared unconstitutional in that it violates the Second Amendment to the United States Constitution and shall not be enforced.

    Those two simple paragraphs ought to apply to scary black rifles too. Just saying.

    Too bad there is too much pretzel logic and intellectual dishonesty in the courts.
     

    wolfwood

    Ultimate Member
    Aug 24, 2011
    1,361
    Rhode Island is the last state with a ban. I need to get money from one of the other cases prior to filing there but I plan on filing as soon as monetarily possible unless any one of you guys have a line to the NRA for some of their big bucks.
     

    ryan_j

    Ultimate Member
    Aug 6, 2013
    2,264
    Ahh yes. The state gets 180 days to "work it out," but when courts invented rights to marry the opposite sex, gay marriage licenses were issued the next day.



    I'm glad you realize that marriage in general is an invention. But I'd think that people already had the right to marry the opposite sex.

    And for what it's worth, while that was the case in NJ, in Kentucky after obergefell Kim Davis refused to issue licenses for quite some time.
     

    GlocksAndPatriots

    Banned
    BANNED!!!
    Aug 29, 2016
    763
    I'm glad you realize that marriage in general is an invention. But I'd think that people already had the right to marry the opposite sex.

    And for what it's worth, while that was the case in NJ, in Kentucky after obergefell Kim Davis refused to issue licenses for quite some time.

    Whoops, typo. The point being, most county clerks issued them immediately. Weapons shouldn't be an exception.
     

    wolfwood

    Ultimate Member
    Aug 24, 2011
    1,361
    consent decree signed by the judge
     

    Attachments

    • consent decree new jersey.pdf
      147.5 KB · Views: 272

    Inigoes

    Head'n for the hills
    MDS Supporter
    Dec 21, 2008
    49,630
    SoMD / West PA
    NJ had six months to come up with new directives to be issued by the Superintendent of the New Jersey State Police. Its been 7 months and no new stun gun directives.

    Has anyone seen any new NJ stun gun directives?
     

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