1911Forum banner

Bruen and New Jersey

28591 Views 1088 Replies 27 Participants Last post by  Wildbob
Went to the latest Nappen seminar tonight. Official title of it was, "Supreme Court, NYSRPA v. Bruen: How It Impacts Your State's Gun Laws". I'll give you the bad news first. NJ is bent on taking liberties with the most extreme gun laws in the nation. Some state goes off the deep end, Murphy thinks it's his job to top it. So tomorrow, Thursday, October 13 he will hold a news conference at noon to expand carry restrictions. Details are not fully available yet. ANJRPC will have them on their site later in the day. Here's what I have:

More "sensitive" places.
No carry on property you don't own without the property owner's expressed permission. Private or commercial.
Changes to application process.
Hefty, and I mean really hefty, fee increase.
Insurance and proof of insurance.
No carry in a vehicle.
Training requirements increased.

That's all I know right now about that. There will be immediate legal challenges as soon as these are inacted. Justice Thomas in his majority opinion called 2A restrictions civil rights violations. That's a federal crime. Government individuals can be held responsible for civil rights violations. Even judges. That's all about that until the news conference. They are trying to create obstacles to nullify Bruen. There are other things that came up. I'll post them later. Let this soak in.
1021 - 1040 of 1089 Posts
AG platkin also was quoted as saying more fear mongering bs like, “ there’s nothing we can do to protect anyone”, ”it is bad constitutional law”, “poorly reasoned decision”.

What a royal toole he is.
He’s as bad a AG Garland in his woke willful ignorance.
So true, govt can't cut out of wet paper bag even when given sharp knives and scissors.
So true, and it's why The People can protect themselves as soon as govt gets out of the way.
So true, the idiots referenced by "we" are exactly the idiots nobody wants protecting them.
;)
So true, govt can't cut out of wet paper bag even when given sharp knives and scissors.
So true, and it's why The People can protect themselves as soon as govt gets out of the way.
So true, the idiots referenced by "we" are exactly the idiots nobody wants protecting them.
;)
They will play it any way that they can and say anything that they think people might believe in order to secure their legitimacy as the ultimate holders of power. This clearly what we are seeing here. They are fighting to retain the supremacy of the State.
  • Like
Reactions: 1
Protect anyone from who law abiding people? Gotta watch out for those non felon types! It makes you laugh when you hear the stupidity that comes out of Murphy's Gang controlled by the puppet fool himself. I don't dislike the state of NJ I can't stand who runs it.
  • Like
Reactions: 1
Protect anyone from who law abiding people? Gotta watch out for those non felon types! It makes you laugh when you hear the stupidity that comes out of Murphy's Gang controlled by the puppet fool himself. I don't dislike the state of NJ I can't stand who runs it.
Here on 1911F, facts matter. There in NJ Govt is where facts don't matter.

CA, NJ, DC, they are all practicing commie-ism, and the 1st public appearance was Nov 2020, and since no courts wanted to entertain the facts since, the commies just keep doing it w/o fear of courts or jail or DOJ, etc.
  • Like
Reactions: 1
So true, govt can't cut out of wet paper bag even when given sharp knives and scissors.
So true, and it's why The People can protect themselves as soon as govt gets out of the way.
So true, the idiots referenced by "we" are exactly the idiots nobody wants protecting them.
;)
I couldn’t think of one example of how the state ‘protects’ Us.
  • Helpful
Reactions: 1
I couldn’t think of one example of how the state ‘protects’ Us.
The state hates us.
  • Like
  • Helpful
Reactions: 2
Nappen 134 is up. Covers where we can carry after the Bumb decision. I just read the text on these. It's much faster than the listen. He points out about the state government that "They want you to remain victims, not defenders. It’s outrageous. Well, that’s been enjoined." Read the whole thing. Very informative. I'm about to have Sunday breakfast with GFH.
  • Like
Reactions: 1
OK. Dan was on GFH. He said that even though the first filings were in December, the case starts now. This was the preliminary injunction. Anything can change on the final injunction. Those 3 sensitive places weren't enjoined because of standing. No evidence of anyone being legally injured by going there. If someone files an affidavit that they carry and can't go there, there would be standing. If you are an ANJRPC member who this applies to contact Dan. He may use you. The state has filed a stay with intent to appeal and, if denied, can also take it to an appeals court. Be aware that if this stay is granted, the entire law from December goes into effect as written. No additional comment by me, just keep tabs on this.
“If the state gets a Stay, the entire law goes into effect”…I would think the insurance mandate would have to be carved out somehow by the judge since it doesn’t exist; but who knows, either way that (a Stay) would not be good.
“If the state gets a Stay, the entire law goes into effect”…I would think the insurance mandate would have to be carved out somehow by the judge since it doesn’t exist; but who knows, either way that (a Stay) would not be good.
Dan said on the podcast stay means it reverts back and to be aware in case it happens. He mentioned that the same criteria is used for a stay that was used for the injunction. Someone gets irreparable damage unless it's done. If it does, the stay would be in effect while the Judge considers the appeal.
Yea, Nappen mention the possibility of the Stay appeal...I suppose the appeal goes to the third circuit appellate where Justice Alito is assigned to "oversee" the third circuit but I am not sure what exactly the Justices do in his role. But Google tells me this, which (IF) true might bode well for us.

If the above is not true, Bumb did a fantastic job as she knows it will be appealed so we have good odds either way.

From Google: "Each of the thirteen federal circuit courts is assigned one Supreme Court Justice who then considers certain appeals (e.g., emergency requests and other matters) from his or her assigned circuit while other aspects of the case are still pending".
I’m not sure which judge gets the first appeal. The third might be a couple appeals away.
I think CA is correct that Alito oversees the 3rd circuit. Again, who knows what that means or what the protocol is. After listening to Schmutter, I could think several scenarios where even with our PI gains, there are potential problems sorting through the laundry list of places to carry.
I still stand by my statement, Pro2A aint won nuttin yet.

The situation is, all/most of the anti-2A stuff is still in a "pending" state under the TI. And, State will challenge the TI with a Motion for Stay, and if that fails they file in appeals.

If/when we get some good Pro2A precedent out of this mess, then that's the win when/if it happens.
I still stand by my statement, Pro2A aint won nuttin yet.
I’m going to have to disagree.
If we haven’t won anything yet, We wouldn’t be having this conversation. We would be wondering where to get liability insurance, etc.
Do you have your LTC? What county are you in?
  • Like
  • Sad
Reactions: 2
I’m not sure which judge gets the first appeal. The third might be a couple appeals away.
I can't say I am totally sure either, but my assumption though it has to be appealed in the Federal courts as it is a indeed a case in the federal courts. I don't know of any federal court btwn district and appellate levels, so where else could it be appealed? I never heard of a case being appealed to a second district judge.

Google says this but I wish Dan or Nappin would have mentioned it one way or another:

1) What courts handle the appeals from federal district courts?
Circuit Courts
Once the federal district court has decided a case, the case can be appealed to a United States court of appeal.

2)
Showing results for can a federal district ruling be appealed to a state court?

Federal District Courts and Courts of Appeal cannot review decisions from state court cases. Also, state trial or appellate courts can never undertake appellate review of decisions from federal court cases. State trial court decisions are appealed to the state intermediate court of appeals or the state's supreme court.Apr 2, 2023
---
It seems to me based on this that Lefty has only one place to go and the odds are (not) in their favor there.
See less See more
I went back to that Smith video where he said that the state would be stupid to appeal and how I expected them to remain stupid. I'm not sure if the judge can hear the appeal without granting the stay. If the same rules apply as for the TRO, then the judge determines if the appeal will hold up and the state would be harmed without a stay. The TRO was granted because the judge thought the law wouldn't hold up and the people would be harmed without a TRO.
A stay vs full appeal are not depending on each other...Our sides has asked for many stays which were not granted over the years, yet we were able to appeal the ruling subsequently...And they will appeal, they have nothing to loose (except tax payer money which they could care less) as they have virtually lost already...Combing the rulings of Bruin and the Bumb decisions (she has done a rock-solid job) we have such a strong case, it will not be overturned in the 3rd, not now, not latter, not if Alito has any influence there. Does anyone really think after Alito and Thomas worked so hard on Bruin they are going to allow some Lefty or Rino judge in the 3rd circuit "give them the middle finger"? I think not.
  • Like
Reactions: 1
When reading all these legal opinions for TRO and PI, the terms ‘likelihood to prevail/succeed’ are used as well as ‘Standing’. They seem to be the barometer used and not easily disregarded. Anyone getting caught up in a problem, would suffer ‘irreparable harm’, which Dan referenced several times as well. The State is going to have to pull a rabbit out of their hat/azz to be granted a Stay imho.
I think they could hear an appeal without issuing a stay.
1021 - 1040 of 1089 Posts
Top