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Can state limit self-defense to inside your home?

Discussion in 'Gun-Control Issues' started by ERASER, Jan 27, 2014.

  1. janice6

    janice6 Silver Member

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    "What is ominous is the ease with which some people go from saying that they don't like something to saying that the government should forbid it. When you go down that road, don't expect freedom to survive very long." Thomas Sowell








    “The conclusion is thus inescapable that the history, concept, and wording of the Second Amendment to the Constitution of the United States, as well as its interpretation by every major commentator and court in the first half-century after its ratification, indicates that what is protected is an individual right of a private citizen to own and carry firearms in a peaceful manner.”
    <cite>Report of the Subcommittee on the Constitution of the Committee on the Judiciary, United States Senate, 97th Congress, Second Session ( February 1982 )</cite><cite></cite>









     


  2. I'm surprised it took this long for a case like this. NJ has been "dodging the bullet" a lot with this issue.

    Hoping and praying for a good outcome, but know NJ politics are heinously/infamously corrupt...
     
  3. oldman11

    oldman11

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    What else can you expect from a group of people who refuse to protect their children in school?
     
  4. The 7CA told Illinois they could no longer restrict self defense to the home. We are still waiting for the first permit but they are required to start issuing by March 17. Jim.
     
  5. Gunnut 45/454

    Gunnut 45/454

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    ERASER
    I do believe NJ like NY,Komifornia don't actually have a State Constitutional Admendment protecting guns and have by law removed all protections of self defense from the NJ citizens - like most of the North East liberal states have. So until you 1. Put an Admendment into your NJ Constitution that protects your right to own and carry a firearm - your screwed. 2.Then remove all the restrictions on selfdefense. IE get stand your ground law passed. Then you can reclaim your freedom and rights!:steamed:
     
  6. Cambo

    Cambo

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    You are correct, NJ has no provision for a state 2nd Amendment.
     
  7. Steve83

    Steve83 Bronco guru

    That's OK - the Constitution says no state law can supersede the Constitution, so all US states are bound by the 2ndA.
     
  8. Gunnut 45/454

    Gunnut 45/454

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    Steve83
    Yes and no. With the added protection of a State 2A it is extremely hard for state themselves to erode the COTUS 2A. If you look at all the states without a State Constitutional 2A they are very AINTI GUN! Why cause they know they can subvert the COTUS 2A easly. And they use this for the purpose of removing your right of self -protection as well .:faint:
     
  9. Steve83

    Steve83 Bronco guru

    For exactly the same reasons that the 14th brought Miranda to all states, it brings 2A to all states, whether the states like it or not; whether they have an explicit state 2A or not.
     
    Last edited: Feb 2, 2014
  10. Cambo

    Cambo

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    Apparently the Democrat politicians, Republican politicians and judges of New Jersey didn't get the memo. You have no idea what the NJ gun owner is put through. I left that toilet 4 months ago due to taxes and the fact that I FIRMLY believe NJ will be successful in outlawing guns. A client of mine there had to wait 14 months for a handgun permit to purchase. She was 62 years old with a clean criminal record, clean mental health record, etc. The ONLY reason she was granted the permit to BUY the .38 revolver was because her nephew, a Trenton police lieutenant, gave the Hopewell Township NJ police a hard time. The Hopewell Twp Police "lost" her paperwork 2 -3 times, delayed the fingerprints as long as possible, etc. F U New Jersey!! You cost me a business worth 120K a year, but I lose it gladly to get away from your tyranny. You disgust me and you always will. F New Jersey.
     
  11. Alizard

    Alizard

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    The Heller decision has, for the most part, stopped the gun grabbers in their tracks as far as new gun control laws. Note that despite the huge outcry from Sandyhook and the rest for new gun laws, the Obama admin has done nothing..... and only a couple of states have enacted more restrictions and those are being challenged.

    The bottom line is all state restrictions will be reviewed based on whether they UNREASONABLY restrict a person's ability to obtain and use a gun in self defense. Courts will decide, and if they do: they will be struck down. At least we now have the long shadow of Heller hanging over as a precedent to defend our rights. Better than nothing, much better than before. If Heller had existed in 1992, the federal AWB would have been illegal.
     
  12. Alizard

    Alizard

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    Sure do, I like in kali. Here it's: "Use a gun, go to jail." and they apply it equally to criminals and citizens.

    The stupid laws have to be challenged one at a time and taken down by federal courts.
     
  13. Gunnut 45/454

    Gunnut 45/454

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    Alizard
    Really then what happen in NY,CT,DC and CO and Komifornia? Looks to me that Heller didn't prevent those states from removing people's right to own, buy etc. Distinctly remember the 2nd Appeals court saying inspite of Heller NYorkers have zero gun rights! Basically saying the 2nd doesn't apply to New Yorkers!:upeyes:
     
    Last edited: Feb 5, 2014
  14. gt1122

    gt1122

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    IIRC, both Maine and Massachusetts restrict their very limited "Castle Doctrine" laws to the inside of one's primary home. This does *not* include your deck, your garage or your car, and they provide a duty to retreat if possible safely.

    Not a good situation and this badly needs to be changed nationwide by a favorable Supreme Court ruling, IMO.

    (I'm not a lawyer, seek real legal advice on these and other self-defense topics, etc, etc.)