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07-31-2012, 11:16 PM
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PISZCZATOSKI Concealed carry appeal to 3rd Circuit from NJ District Court
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Last edited by s&wchad; 08-01-2012 at 02:52 AM.
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08-01-2012, 12:19 AM
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Got any "cliffs notes" for that thing......waaay too long for me to wade through!!! 
Don
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08-01-2012, 01:10 AM
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Quote:
Originally Posted by woodsltc
Got any "cliffs notes" for that thing......waaay too long for me to wade through!!!
Don |
Second Amendment Foundation:
Quote:
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Second Amendment means what it says
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State of New Jersey:
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08-01-2012, 01:32 AM
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^^^^^^^^^^ Thanks....that's simpler and gets to point much better than having to read that whole thing. 
Don
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08-01-2012, 01:55 AM
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The plaintiffs said that NJ not being a "shall issue" state was in conflict with the second amendment. The court sided with the state that the second amendment does not apply to CCW.
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08-01-2012, 07:46 AM
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Kidding aside, the States main point was that carrying a concealed weapon subjected the public tO danger and it is reasonable to require the permit applicant to demonstrate a justifiable need for self protection before subjecting the public to that danger.
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08-01-2012, 08:00 AM
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Quote:
Originally Posted by bushmaster1313
Kidding aside, the States main point was that carrying a concealed weapon subjected the public tO danger and it is reasonable to require the permit applicant to demonstrate a justifiable need for self protection before subjecting the public to that danger.
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Tell the jurists to watch the news. *Justifiable Need* is self evident... 
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08-01-2012, 03:23 PM
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I'll have to go back and read which court was involved. The Federal court in MD just said that 'justifiable need' clauses were unconstitutional.
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08-01-2012, 04:16 PM
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Quote:
Originally Posted by PDL
I'll have to go back and read which court was involved. The Federal court in MD just said that 'justifiable need' clauses were unconstitutional.
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MD case gets appealed to 4th Circuit
NJ case goes to 3rd Circuit
NY case goes to 2nd Circuit
DC case if ever decided goes to DC Circuit
Supreme Court will get one of these cases.
If it didn't impact on an important civil right it would be great entertainment.
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08-01-2012, 05:09 PM
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Quote:
Originally Posted by bushmaster1313
it is reasonable to require the permit applicant to demonstrate a justifiable need for self protection before subjecting the public to that danger.
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I dunno, b/c it's hard to have liberty and the pursuit of happiness without life? How do you prove a "need" for something like self protection? It's like having to prove you have a need to lock the doors on your house.
Not directed at you of course bushmaster, we're 100% on this (esp. how it would be entertaining if not so serious), but at the 3rd District.
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08-02-2012, 06:44 AM
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The State say there must be some particular threat to the permit applicant.
This is bogus, and the Maryland judge got it right when he said that the existence of a right is all the justification anyone needs.
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08-02-2012, 09:57 AM
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I used to live in New Jersey. I moved to Pennsylvania and made a complete recovery.
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08-02-2012, 03:26 PM
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Quote:
Originally Posted by indiandave
I used to live in New Jersey. I moved to Pennsylvania and made a complete recovery.
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Welcome to the club!
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08-02-2012, 04:55 PM
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Quote:
Originally Posted by bushmaster1313
MD case gets appealed to 4th Circuit
NJ case goes to 3rd Circuit
NY case goes to 2nd Circuit
DC case if ever decided goes to DC Circuit
Supreme Court will get one of these cases.
If it didn't impact on an important civil right it would be great entertainment.
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MA case goes to 1st Circuit. There are cases in process in every Circuit right now, with more waiting in the pipe line depending on the outcomes.
In the MD case (Woolard) the 4th Circuit issued a stay which means that until the case is heard by the Circuit Court, the MD State Police can continue to require a "good and substantial) reason for a CCW permit.
This is a good source, Right To Carry Leader Board.
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08-02-2012, 07:42 PM
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glad I no longer live in that state.
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08-02-2012, 10:23 PM
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Quote:
Originally Posted by GaryS
MA case goes to 1st Circuit. There are cases in process in every Circuit right now, with more waiting in the pipe line depending on the outcomes.
In the MD case (Woolard) the 4th Circuit issued a stay which means that until the case is heard by the Circuit Court, the MD State Police can continue to require a "good and substantial) reason for a CCW permit.
This is a good source, Right To Carry Leader Board. |
If the Circuit Courts don't agree, it it up to the Supreme Court to settle it.
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