New Jersey and California Updates

[pharmer]

When the law first changes there are always issues. The 1st "CWP rule books" in Florida said something like: "Carrying firearms in public is considered breach of the peace" and looked at with a general disdain. With the passage of time CWP holders have proven trustworthy and have committed less crimes, per capita, than the police. I expect the same result anywhere CC becomes commonplace. Joe

 

[Kaarde]

I wonder if a lawyer good make a case that this is a HIPPA violation...??

 

[M29since14]

The CA DOJ is posting the names, bdays, addresses, race, and gender of CCW applicants and holders online
State of California - Department of Justice - Office of the Attorney General

How do you spell despicable?

 

[bushmaster1313]

Civil lawyers could use this:

Civil action under 42 U.S.C. Sec. 1983

Every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress, except that in any action brought against a judicial officer for an act or omission taken in such officer's judicial capacity, injunctive relief shall not be granted unless a declaratory decree was violated or declaratory relief was unavailable. For the purposes of this section, any Act of Congress applicable exclusively to the District of Columbia shall be considered to be a statute of the District of Columbia.

If I had decision making authority in the Department of Justice there would be criminal investigation and possible prosecution under this:
18 U.S.C. Sec. 241

If two or more persons conspire to injure, oppress, threaten, or intimidate any person in any State, Territory, Commonwealth, Possession, or District in the free exercise or enjoyment of any right or privilege secured to him by the Constitution or laws of the United States, or because of his having so exercised the same;

…

They shall be fined under this title or imprisoned not more than ten years, or both; and if death results from the acts committed in violation of this section or if such acts include kidnapping or an attempt to kidnap, aggravated sexual abuse or an attempt to commit aggravated sexual abuse, or an attempt to kill, they shall be fined under this title or imprisoned for any term of years or for life, or both, or may be sentenced to death.

18 U.S.C. Sec. 242

Whoever, under color of any law, statute, ordinance, regulation, or custom, willfully subjects any person in any State, Territory, Commonwealth, Possession, or District to the deprivation of any rights, privileges, or immunities secured or protected by the Constitution or laws of the United States, or to different punishments, pains, or penalties, on account of such person being an alien, or by reason of his color, or race, than are prescribed for the punishment of citizens, shall be fined under this title or imprisoned not more than one year, or both; and if bodily injury results from the acts committed in violation of this section or if such acts include the use, attempted use, or threatened use of a dangerous weapon, explosives, or fire, shall be fined under this title or imprisoned not more than ten years, or both; and if death results from the acts committed in violation of this section or if such acts include kidnapping or an attempt to kidnap, aggravated sexual abuse, or an attempt to commit aggravated sexual abuse, or an attempt to kill, shall be fined under this title, or imprisoned for any term of years or for life, or both, or may be sentenced to death.

Just imagine the fallout if a government official instructed subordinates to do everything in their power to limit:
Speaking freely
Publishing
Assembling
Petitioning the government
Hiring attorney in a criminal case
Remaining silent
Voting
Traveling between states

In my Department of Justice government officials acting to limit the exercise of rights under the Second Amendment would end up being prosecuted and hopefully convicted.

 

[Paul in Nevada]

...Just imagine the fallout if a government official instructed subordinates to do everything in their power to limit:
Speaking freely
Publishing
Assembling
Petitioning the government
Hiring attorney in a criminal case
Remaining silent
Voting
Traveling between states...

Not to get off topic but that's exactly what's happening with those people arrested after the Jan 6 protest. Add the 4th and 5th Amendments to that list as well.

 

[fordson]

Civil lawyers could use this:

Civil action under 42 U.S.C. Sec. 1983


If I had decision making authority in the Department of Justice there would be criminal investigation and possible prosecution under this:
18 U.S.C. Sec. 241


18 U.S.C. Sec. 242


Just imagine the fallout if a government official instructed subordinates to do everything in their power to limit:
Speaking freely
Publishing
Assembling
Petitioning the government
Hiring attorney in a criminal case
Remaining silent
Voting
Traveling between states

In my Department of Justice government officials acting to limit the exercise of rights under the Second Amendment would end up being prosecuted and hopefully convicted.

But that ain't gonna happen, is it………….

 

[bushmaster1313]

But that ain't gonna happen, is it………….

I am not going to be running the Department of Justice anytime soon. But put a person in charge who respects all of the Constitution, and all Constitutional rights -- including those enshrined in the Second Amendment -- would be vigorously upheld.