New NJ and NY carry cases filed

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  • wolfwood

    Ultimate Member
    Aug 24, 2011
    1,361
    Two carry cases have been filed in the past week. Its by the NRA through their local affiliates in both NY and NJ
    I haven't found the NY complaint yet so only the NJ carry case is attached.

    As far as I can tell the NRA is trying to redo Drake and Kachlsky because there is now a Circuit split with D.C. They can not win at the circuit level so presumably this is a attempt to get Supreme Court review in light of the Circuit split.
     

    Attachments

    • Filed_Complaint_Feb2018(P015 New Jeersey.PDF
      85.1 KB · Views: 464

    teratos

    My hair is amazing
    MDS Supporter
    Patriot Picket
    Jan 22, 2009
    59,775
    Bel Air
    Do you think SCOTUS has not taken them because the conservative justices would like a stronger majority so as not to get an adverse opinion?
     

    nedsurf

    Ultimate Member
    Feb 8, 2013
    2,204
    Hoping it pushes the ball further towards the end zone and takes MD with it.
     

    teratos

    My hair is amazing
    MDS Supporter
    Patriot Picket
    Jan 22, 2009
    59,775
    Bel Air
    I am hoping for a Kennedy replacment and maybe one of the liberal bloc by the time this gets to the scotus. I like the idea that they included the fourteenth amendant protections as well

    Ginsberg is looking a little pale......
     

    press1280

    Ultimate Member
    Jun 11, 2010
    7,878
    WV
    Do you think SCOTUS has not taken them because the conservative justices would like a stronger majority so as not to get an adverse opinion?

    I tend to agree with this assessment.

    This should get through quickly I assume since the district and circuit courts are basically bound by precedent.
    I assume though, en banc is a stronger possibility because Trump will have several nominees on the court.
     

    Dave Taylor

    Senior Member
    May 29, 2012
    2,512
    Ginsberg is looking a little pale......

    I just had a paranoidal thought.

    What if the old gal had passed months ago and those sneaky Dendums' hired an actor to portray the now deceased 'R Bad Grinsburg' till at which time Dumbocrats' take elected control of the Republic.

    Could be possible with a ton of makeup and an occasional shot of Tennessee whiskey. :)
     

    esqappellate

    President, MSI
    Feb 12, 2012
    7,407
    And here is the NY complaint.
     

    Attachments

    • New-York-concealed-carry-laws-challenged-in-court.pdf
      3.9 MB · Views: 213

    Pope414

    Active Member
    I really think the next case that makes it to the scotus will be given cert. (I thought Perulta would be heard) There has been so much bad press about rejecting all the 2A cases also to have Justice Thomas author such a harsh dissent.... Combine that with with the splits esp. With D.C and the 7th.....I am not a lawyer but I think the 14th equal protection plays well being 80% of states are shall issue or constutional carry. Also in the state of n.j there are no options , open carry is 100% illegal the only means to carry is consealed but n.j scheme is written so that only retired Leo or well connected can obtain a permit making it a de facto 2A ban on the general public
     

    press1280

    Ultimate Member
    Jun 11, 2010
    7,878
    WV
    See Siccardi v. State 1971 for that.

    In essence, you have to prove you are being hunted before they'll issue a permit.
    The original plaintiff in the previous case was kidnapped by a biker gang and taken to MO (from NJ). He had to appeal to several judges before FINALLY getting his permit, probably to make NJ look reasonable in light of the lawsuit in front of them at the time.
     

    ryan_j

    Ultimate Member
    Aug 6, 2013
    2,264
    See Siccardi v. State 1971 for that.



    In essence, you have to prove you are being hunted before they'll issue a permit.

    The original plaintiff in the previous case was kidnapped by a biker gang and taken to MO (from NJ). He had to appeal to several judges before FINALLY getting his permit, probably to make NJ look reasonable in light of the lawsuit in front of them at the time.



    They always do that.

    There was a guy who collected rents in Newark and had gang members families as tenants. He was denied first then Christie changed the rule and he was approved.
     

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