New NJ and NY carry cases filed

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  • krucam

    Ultimate Member
    Another great quip from the NJFO/SAF brief

    Finally, in 2007, the State made it a second-degree crime to carry a gun without a permit—the same level of criminality that attaches to (for example) aggravated assault causing serious bodily injury. See 2007 N.J. Laws ch. 284, § 1; see also N.J. Stat. Ann. §§ 2C:12-1(b)(1), 2C:39-5(b). Thus, a person who uses an unlawfully carried handgun to (justifiably) stop a burglary in progress is literally committing a more serious crime than the one he or she is stopping. See N.J. Stat. Ann. § 2C:18-2 (burglary is normally a third-degree crime).
     

    Some Guy

    Ultimate Member
    MDS Supporter
    Oct 26, 2017
    1,019
    Another great quip from the NJFO/SAF brief

    I think the Maryland legislators or trying to do the same thing with this:

    http://mgaleg.maryland.gov/2019RS/bills/hb/hb0236F.pdf

    This law would require a minimum five year sentence for using a gun in a violent crime or any felony. It's the"any" that is disturbing. If the legislators make a separate law that says possessing x currently legal firearm is a felony, this law could put a lot of good, law abiding people in jeopardy.
     

    danb

    dont be a dumbass
    Feb 24, 2013
    22,704
    google is your friend, I am not.
    This one has attracted a lot of attention. Counsel of record for NJ Rifle and Pistol, David Thompson, is the same counsel that won in Wrenn for Pink Pistols. :patriot:

    :fingerscrossed: :fingerscrossed: :fingerscrossed:

    In my wild dreams they simply distribute for conference and grant without asking NJ for a response, because the NJ AG was supremely arrogant here waiving the response, lol. Of course they wont, but when you dream, dream big.
     

    MJD438

    Ultimate Member
    MDS Supporter
    Feb 28, 2012
    5,854
    Somewhere in MD
    I think the Maryland legislators or trying to do the same thing with this:

    http://mgaleg.maryland.gov/2019RS/bills/hb/hb0236F.pdf

    This law would require a minimum five year sentence for using a gun in a violent crime or any felony. It's the"any" that is disturbing. If the legislators make a separate law that says possessing x currently legal firearm is a felony, this law could put a lot of good, law abiding people in jeopardy.

    Just a sidenote - this is actually Governor Hogan's bill.

    When reading Maryland Legislation, look at the Sponsor. The first sponsor on the list is the actual requesting party. All other sponsors are, in most cases, "blue backs" - they signed on AFTER the bill was initially drafted/requested.

    • If you see either "Speaker - By Request Of" or "President - By Request Of", you are looking at a change in law requested by the Executive Branch. The Speaker and President offices "sponsor" the legislation as a "courtesy".
    • If you see "<Committee> Chair - By Request <Department>", you are looking at a change in law requested by a specific Department within the Executive Branch. The Committee Chair acts as the "Sponsor" as a "courtesy".
    • If you see "<County> Delegation/Senators", you are typically seeing a request for legislative change from the named County Council. The Delegation or Senators are acting as the proxy Sponsor.
     

    Some Guy

    Ultimate Member
    MDS Supporter
    Oct 26, 2017
    1,019
    Just a sidenote - this is actually Governor Hogan's bill.

    When reading Maryland Legislation, look at the Sponsor. The first sponsor on the list is the actual requesting party. All other sponsors are, in most cases, "blue backs" - they signed on AFTER the bill was initially drafted/requested.

    • If you see either "Speaker - By Request Of" or "President - By Request Of", you are looking at a change in law requested by the Executive Branch. The Speaker and President offices "sponsor" the legislation as a "courtesy".
    • If you see "<Committee> Chair - By Request <Department>", you are looking at a change in law requested by a specific Department within the Executive Branch. The Committee Chair acts as the "Sponsor" as a "courtesy".
    • If you see "<County> Delegation/Senators", you are typically seeing a request for legislative change from the named County Council. The Delegation or Senators are acting as the proxy Sponsor.

    Thank you for clarifying this.

    The governor should drop the "any" language and this would get my support. Use a gun in the commission of a violent crime or felony and bye bye. No issues there.

    But if simple possession of currently legal firearms or firearm components or parts becomes a felony this is something that could put a substantial number of good people at risk.

    Thanks again for clarifying the sponsor. I'll pay closer attention next time.
     

    press1280

    Ultimate Member
    Jun 11, 2010
    7,912
    WV
    Distributed for the February 22nd conference, but I'm sure a response will be requested before anything else happens.
     

    Pope414

    Active Member
    I am hoping the SCOTUS grants Cert. Being in my mid 50s I truly believe this is the last chance in at least in my lifetime. I had high hopes for both drake and perulta so I am a little gun shy . I really hope Justices Thomas and Gorsuch calling the court out as cowards moves them to find their balls ( no chance at the liberal wing) ......we will see.....
     

    Kharn

    Ultimate Member
    Mar 9, 2008
    3,579
    Hazzard County
    Distributed for the February 22nd conference, but I'm sure a response will be requested before anything else happens.

    IIRC a request for response can come before or after the conference, so lets see how long it takes until Thomas reads the cert pool's notes on the case. :popcorn:
     

    danb

    dont be a dumbass
    Feb 24, 2013
    22,704
    google is your friend, I am not.
    Response requested, due March 21st.

    It will be very entertaining to see what kind of fictional bullship they conjure up in the response.

    I wonder if NJ will be arrogant enough to simply cut and paste the same nonsense they wrote last time
     

    krucam

    Ultimate Member
    Response requested, due March 21st.

    It will be very entertaining to see what kind of fictional bullship they conjure up in the response.

    I wonder if NJ will be arrogant enough to simply cut and paste the same nonsense they wrote last time

    Hmm, RBG was back in the Court today. Must have been her...

    :lol2:

    So we WERE supposed to go to Conference 2/22 without a NJ Response. Response due 3/21 now, time for Amici, easily into April for the first eligible Conference.
     

    Pope414

    Active Member
    Hmm, RBG was back in the Court today. Must have been her...

    :lol2:

    So we WERE supposed to go to Conference 2/22 without a NJ Response. Response due 3/21 now, time for Amici, easily into April for the first eligible Conference.

    everyone knew their refusal to respond was nothing but a stall tactic . wouldn't it be funny if because of their delay they lost one of the liberal bloc after cert
     

    press1280

    Ultimate Member
    Jun 11, 2010
    7,912
    WV
    Hmm, RBG was back in the Court today. Must have been her...

    :lol2:

    So we WERE supposed to go to Conference 2/22 without a NJ Response. Response due 3/21 now, time for Amici, easily into April for the first eligible Conference.

    And Gould should be filing for cert in April.
     

    danb

    dont be a dumbass
    Feb 24, 2013
    22,704
    google is your friend, I am not.
    Had the NJ AG asked for an extension on time to file, they would have received one. They also filed the response waiver Jan 28th after NY State Rifle and Pistol vs NYC was granted Jan 22nd.

    So insofar as a stall tactic, I doubt it. If they were trying to stall, they did not really try that hard.

    The waiver of response in the face of a clear circuit split and The Supreme Court taking NY Rifle and Pistol vs NYC was pure unadulterated arrogance.

    Their arrogance bled through into their response last time in Drake. I have no right to be optimistic, but now that a response has been requested, I am wildly optimistic. We will see what the AG comes up with. In my opinion, their best chance of avoiding a cert grant is to point out all the procedural or trial court deficiencies (bad facts or lack of facts) that would make this a bad case to grant. Maybe "Please go for the remand after NY State Rifle and Pistol". That would be the smart way to go, what I would do if I were NY AG.

    However, their arrogance tells me that they will go with the same dumb arguments as Drake - no right to carry, no real circuit split, Wrenn was wrongly decides, and/or NJ "long" tradition of ignoring the constitution. If they go the arrogant route, I am wildly optimistic.
     

    Allen65

    Ultimate Member
    MDS Supporter
    Jun 29, 2013
    7,154
    Anne Arundel County
    However, their arrogance tells me that they will go with the same dumb arguments as Drake - no right to carry, no real circuit split, Wrenn was wrongly decides, and/or NJ "long" tradition of ignoring the constitution. If they go the arrogant route, I am wildly optimistic.

    The best wish come true in any fight is to have an adversary that willingly cooperates in their own defeat.
     

    press1280

    Ultimate Member
    Jun 11, 2010
    7,912
    WV
    Had the NJ AG asked for an extension on time to file, they would have received one. They also filed the response waiver Jan 28th after NY State Rifle and Pistol vs NYC was granted Jan 22nd.

    So insofar as a stall tactic, I doubt it. If they were trying to stall, they did not really try that hard.

    The waiver of response in the face of a clear circuit split and The Supreme Court taking NY Rifle and Pistol vs NYC was pure unadulterated arrogance.

    Their arrogance bled through into their response last time in Drake. I have no right to be optimistic, but now that a response has been requested, I am wildly optimistic. We will see what the AG comes up with. In my opinion, their best chance of avoiding a cert grant is to point out all the procedural or trial court deficiencies (bad facts or lack of facts) that would make this a bad case to grant. Maybe "Please go for the remand after NY State Rifle and Pistol". That would be the smart way to go, what I would do if I were NY AG.

    However, their arrogance tells me that they will go with the same dumb arguments as Drake - no right to carry, no real circuit split, Wrenn was wrongly decides, and/or NJ "long" tradition of ignoring the constitution. If they go the arrogant route, I am wildly optimistic.

    Oh I know what they'll say. They'll say you (SCOTUS) passed on Drake so Drake is "settled law".
     

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