Do "THEY" Know the law?

[sgtmajorusmc]

A year ago I submitted an application for a NJ carry permit. I live in Wenonah, NJ and submitted the app to the Police Chief. I let it drag on for over a year and after getting a book from the ATF on states gun laws I went to this chief and informed him that he was to send it on to the superior court for approval as it had gone past the sixty day limit for his approval and it was now DEEMED approved by him because he took no action in the prescribed time. He informed me that there was no such law in NJ and if there was I couldn't do anything to him because he had the blessing of the Gloucester county Prosecuters Office for protection. This is the same person that told me that anything over 12 rounds was a HIGH capacity mag. The limit in NJ is 15 by law. Are these people just uneducated for the job or are they just arrogant appointed goofs on the state and local payrolls ?
What do you think??

 

[vettefreak]

I think they are not only arrogant, but do not care to actually learn the law. they feel their word is the law.

 

[Providence Ranch]

This would be a great case to take to court. It would be a fight, but wouldn't it be great to shine more attention on cases like yours where an overly-powerful person in authority feels like he (or she) is above the law?

 

[LMulcahy]

They usually are ignorant. I dated a K-9 officer in VA, and she was disgusted at how the majority of her co-workers were ignorant of the laws, not only the ones pertaining to firearms but to everything! In my industry, if you didn't know the in's and out's you lose your job/business. And as I'm in the tech field, things change just as much as the laws these LEO's should be keeping up with.

 

[Live_Free_orDie]

Apparently you guys haven't seen this. http://www.anjrpc.org/resource/resmgr/legal_motions___briefs/nj_rtc_plaintiff_reply_brief.pdf You can also:hang3: Google Muller v Maenza or go to SAF.org

Support the SAF and ANJRPC
PLAINTIFFS FIRE NEXT SHOT IN RIGHT TO CARRY LAWSUIT!
Powerful Response to NJ Attorney General’s Argument That the Second Amendment Only Applies inside the Home And that the Public Needs to be Protected from Those Who Legally Carry Firearms
On February 18, ANJRPC, the Second Amendment Foundation, and 6 individual plaintiffs filed reply papers in their historic right to carry lawsuit, in response to the State of New Jersey’s absurd argument that the Second Amendment only applies inside the home, and that the public needs to be protected from those who legally carry firearms. The new reply papers are available here.
The federal lawsuit, filed in November of last year, challenges New Jersey’s unconstitutional "justifiable need” standard for issuance of handgun carry permits – a nearly impossible standard to meet that has all but eliminated the right to self defense with a firearm in the Garden State.
In its papers filed last month, the Attorney General defended New Jersey’s existing carry laws, revealed apparent anti-Second Amendment bias, and moved to dismiss (i.e., end) the case. A nearly identical "friend of the court” brief was filed the same day by The Brady Campaign, Million Mom March NJ chapter, and CeaseFire NJ.
"It is now crystal clear that the State of New Jersey has no intention of ever respecting the right to defend yourself with a firearm outside the home, and will have to be dragged, kicking and screaming, into compliance with the Heller and McDonald decisions,” said ANJRPC President Scott Bach. "With this lawsuit, we intend to do just that, even if we have to go all the way to the U.S. Supreme Court,” said Bach.
The State’s responsive papers are due in Mid-March, after which the case will be submitted to a U.S. District Court Judge for decision, which could come as early as this Summer. Appeals are anticipated regardless of the decision.
ANJRPC will keep you apprised of major case developments as they occur. Please watch for future alerts.

Join The Fight!
Support ANJRPC'S Efforts to Restore
The Second Amendment in the Garden State.
Join ANJRPC
Donate to ANJRPC's Litigation & Special Projects Fund

 

[Live_Free_orDie]

It started last November Link Removed

and the State answered with this feeble response. http://anjrpc.site-ym.com/resource/resmgr/Legal_Motions___Briefs/NJ_AG_Motion_to_Dismiss.pdf

BTW life membership in SAF is only $150 and ANJRPC annual non-range is $30, so show your support...I did!

 

[mrjam2jab]

A year ago I submitted an application for a NJ carry permit. I live in Wenonah, NJ and submitted the app to the Police Chief. I let it drag on for over a year and after getting a book from the ATF on states gun laws I went to this chief and informed him that he was to send it on to the superior court for approval as it had gone past the sixty day limit for his approval and it was now DEEMED approved by him because he took no action in the prescribed time. He informed me that there was no such law in NJ and if there was I couldn't do anything to him because he had the blessing of the Gloucester county Prosecuters Office for protection. This is the same person that told me that anything over 12 rounds was a HIGH capacity mag. The limit in NJ is 15 by law. Are these people just uneducated for the job or are they just arrogant appointed goofs on the state and local payrolls ?
What do you think??

Show him the Link Removed

2C:58-4. Permits to carry handguns
a. Scope and duration of authority. Any person who holds a valid permit to carry a handgun issued pursuant to this section shall be authorized to carry a handgun in all parts of this State, except as prohibited by section 2C:39-5e. One permit shall be sufficient for all handguns owned by the holder thereof, but the permit shall apply only to a handgun carried by the actual and legal holder of the permit.

All permits to carry handguns shall expire 2 years from the date of issuance or, in the case of an employee of an armored car company, upon termination of his employment by the company occurring prior thereto whichever is earlier in time, and they may thereafter be renewed every 2 years in the same manner and subject to the same conditions as in the case of original applications.

b. Application forms. All applications for permits to carry handguns, and all applications for renewal of such permits, shall be made on the forms prescribed by the superintendent. Each application shall set forth the full name, date of birth, sex, residence, occupation, place of business or employment, and physical description of the applicant, and such other information as the superintendent may prescribe for the determination of the applicant's eligibility for a permit and for the proper enforcement of this chapter. The application shall be signed by the applicant under oath, and shall be indorsed by three reputable persons who have known the applicant for at least 3 years preceding the date of application, and who shall certify thereon that the applicant is a person of good moral character and behavior.

c. Investigation and approval. Each application shall in the first instance be submitted to the chief police officer of the municipality in which the applicant resides, or to the superintendent, (1) if the applicant is an employee of an armored car company, or (2) if there is no chief police officer in the municipality where the applicant resides, or (3) if the applicant does not reside in this State. The chief police officer, or the superintendent, as the case may be, shall cause the fingerprints of the applicant to be taken and compared with any and all records maintained by the municipality, the county in which it is located, the State Bureau of Identification and the Federal Bureau of Identification. He shall also determine and record a complete description of each handgun the applicant intends to carry.

No application shall be approved by the chief police officer or the superintendent unless the applicant demonstrates that he is not subject to any of the disabilities set forth in 2C:58-3c., that he is thoroughly familiar with the safe handling and use of handguns, and that he has a justifiable need to carry a handgun. If the application is not approved by the chief police officer or the superintendent within 60 days of filing, it shall be deemed to have been approved, unless the applicant agrees to an extension of time in writing.

 

[Live_Free_orDie]

Doesn't matter what the law says for law abidding citizens...NJ does not issue CCW unless you're a cop or politically connected :fie: hence the SAF/ANJRPC lawsuit. Jeffrey Muller was kidnapped!!!

 

[DannyBear71]

I highly encourage everyone to visit the Second Amendment Foundation Online website. They not only list the NJ case, but also cases in NY, MD, NC, WA and DC.

The filings are interesting to read, and the arguments made by NJ and NY lawyers would be funny is they weren't about your 2nd Amendment rights.

They obviously know they have a losing hand, but they seem intent to go down "kicking and screaming."

 

[sgtmajorusmc]

Do they know the law?

UPDATE.........Thanks for the replys....I appreciate all the thoughts and a couple of you have the right idea....I have an appointment with a very good lawyer. In the phone conservation I had with him sounds like there is a good chance for violation of not only my civil liberties but violation of state and federal laws.. when and if this thing goes on I'll be sure to post the results....