New Jersey sues New Frontier over 100 rd magazine

CrabcakesAndFootball · Jun 20, 2019

tsulli85 said:
Isn't this some form of entrapment?

Seems like if it were, there could never be an undercover drug buy, but what do I know.

Someone upthread raised the point that if a LEO placed the order it may not break the law. My gut tells me courts hate all of these types of arguments, but that strikes me as interesting

ironpony · Jun 20, 2019

Yeah, the retaining of rights for some is bothersome.

BlueHeeler · Jun 20, 2019

They must have cleaned all the crime out of Trenton so they are prosecuting people in other states.

Doctor_M · Jun 20, 2019

I thought that LEO's couldn't actively solicit a crime. I'm not an expert here, but if they approached the seller (I'm assuming that the seller didn't randomly reach out by phone or e-mail to some unknown party in NJ), then it does a bit like entrapment to me. I could be way off, but it seems tainted to my layman's perspective.

Sleepy · Jun 21, 2019

I'm not a lawyer but shouldn't this be covered by Federal law?

Seems like NJ (and other states) is trying to regulate interstate commerce. Shouldn't New Jersey's jurisdiction stop at the state line?

Dogface · Jun 21, 2019

Sorry guys, States have the right to regulate what is sold or delivered to addresses within their state. Entrapment? No, on that one as well. The product was advertised online, the LEO's did not "plant the seed" in the minds of the vendor, they only took them up on their offer. Federal law? Well, if there was a Federal law that covered the manufacture, sale, and shipment then it might be a Federal case, but there isn't so it's not.

If you take a look at the vendors site, they no longer have NJ included in their list of mail order states.

POP57 · Jun 21, 2019

Nathaniel said:
So then, Thoes undercover officers should also be charged, knowingly that it is illegal to purchases magazine within and by mailing in the state of New Jersey?

Undercover cops buy drugs, solicit sex...etc all the time to make arrests. Not sure how this would be any different. I'm not a lawyer.

HaveBlue · Jun 21, 2019

Dogface said:
Sorry guys, States have the right to regulate what is sold or delivered to addresses within their state. Entrapment? No, on that one as well. The product was advertised online, the LEO's did not "plant the seed" in the minds of the vendor, they only took them up on their offer. Federal law? Well, if there was a Federal law that covered the manufacture, sale, and shipment then it might be a Federal case, but there isn't so it's not.

If you take a look at the vendors site, they no longer have NJ included in their list of mail order states.

I believe you are correct. Especially if the shipping terms were FOB Destination. You got me thinking though. What if the shipping terms were FOB Origin instead. At least contractually, the buyer takes title to the goods as soon as they are in the possession of the carrier. That seems like it would be similar to the purchaser buying the goods in Nevada and carrying/shipping them to NJ.

paperwork351 · Jun 21, 2019

44MAG wouldn't ship to a Virginia address if the buyer lived in md. No one has determined if ship to address was nj or somewhere else out of state. Is nj claiming a violation if the web sale/phone order was made within nj? Didn't frosh threaten out of state venders with lawsuits if the buyer resided in md and shipped to another state where it was legal?

hooligan82 · Jun 21, 2019

POP57 said:
Undercover cops buy drugs, solicit sex...etc all the time to make arrests. Not sure how this would be any different. I'm not a lawyer.

Is there a exception for LEO to purchase these magazines in the NJ law? That’s what could throw a wrench in this case. I’m not a lawyer either though. Just thinking out loud.

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swamplynx · Jun 23, 2019

The complaint was filed in NJ superior court. Why would an out of state company with no in state presence dealing in interstate commerce even bother appearing? Eff them and their kangaroo court.

Elliotte · Jun 23, 2019

paperwork351 said:
44MAG wouldn't ship to a Virginia address if the buyer lived in md. No one has determined if ship to address was nj or somewhere else out of state. Is nj claiming a violation if the web sale/phone order was made within nj? Didn't frosh threaten out of state venders with lawsuits if the buyer resided in md and shipped to another state where it was legal?

The complaint said the mags were shipped to & received at an unspecified address within NJ.

lazarus · Jun 23, 2019

swamplynx said:
The complaint was filed in NJ superior court. Why would an out of state company with no in state presence dealing in interstate commerce even bother appearing? Eff them and their kangaroo court.

Because NJ can have financial penalties levied against them across state lines. It can also order extradition if it’s a criminal case.

Cold Steel · Jun 23, 2019

Great. Suing a company for making a magazine that probably jams every other round. We probably ought to be handing them out free to the bad guys. Don't you have to crank the magazine up every so many rounds?

POP57 · Jun 23, 2019

hooligan82 said:
Is there a exception for LEO to purchase these magazines in the NJ law? That’s what could throw a wrench in this case. I’m not a lawyer either though. Just thinking out loud.

Sent from my iPhone using Tapatalk Pro

I see what you mean. If NJ LEOs are allowed to purchase and own large capacity magazines, was a crime actually committed.

rockstarr · Jun 25, 2019

new jersey should sue itself for electing unintelligent public servants hhhmmmnn traitors.

Pope414 · Jun 26, 2019

+1 you are a RockStarr! :party29:

New Jersey sues New Frontier over 100 rd magazine

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