10/29/2009

NJ State court says that there is "no right to buy handguns"

Well, another decision that could be overturned when the Supreme Court issues its opinion on the Chicago gun ban.

A New Jersey appeals court has concluded that Americans have no Second Amendment right to buy a handgun.

In a case decided last week, the superior court upheld a state law saying that nobody may possess "any handgun" without obtaining law enforcement approval and permission in advance.

That outcome might seem like something of a surprise, especially after the U.S. Supreme Court ruled last year in the D.C. v. Heller case that the Second Amendment guarantees "the individual right to possess and carry weapons in case of confrontation."

But New Jersey Appellate Division Judge Stephen Skillman wrote on behalf of a unanimous three-judge panel that Heller "has no impact upon the constitutionality of" the state law. . . .

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3 Comments:

Blogger Raven Lunatic said...

Well, technically, he's right. Heller dealt with Federal law. I believe that law unconstitutional, but Heller doesn't discuss State laws...

10/29/2009 5:07 PM  
Blogger John A said...

Yes, SCotUS did not choose to incorporate the 2nd as applying to States. So the decision, concerning one State's law, is correct if not good.

Bad law perhaps. But legal.

10/29/2009 7:37 PM  
OpenID edwardveiga said...

Well, I believe this decision is hogwash. Appeals courts and all the rest of it are very constitutional, very respectful of jurisprudence, very conservative when it comes to throwing the rights of Americans overboard. "Hey, that 2nd amendment decision only applies to that federal enclave with 0.2% of the population of the United States--the rest of America, no 2nd amendment to you, taste it!" Well, I find it tremendously curious this difficulty in incorporating the 2nd amendment. States, counties, condos, even your bathroom must follow federal dictates on showerheads, toilets seats, light bulbs, you name it. But when it comes to the dictates in the Bill of Rights, which defend our must fundamental rights, the judges go "Oh, wait a second, that stuff hasn't been incorporated, we must follow jurisprudence! We must read the constitution as narrowly as possible. I cannot find a single line there where the founders support incorporation, especially of the 2nd amendment!" Oh please, what a bunch of bull. Even Richard Posner decided against the 2nd amendment. I'm sure when Obamacare comes his way he will go "Oh that dictate the American people MUST follow, it's totally constitutional!". Shame on him and shame on this justice system that has managed over the decades to turn the U.S. constitution 100% upside down. All sorts of federal crapola apply to you--the stuff that restricts your freedoms--but not the federal stuff that protects your most fundamental freedoms.

11/02/2009 7:53 PM  

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