I have seething hatred and anger for the way they're shuffling this under the rugs.Originally Posted by Hambo
A couple more cases like this though, and it'll be time for a NJ resident to chum up the waters.
"Why do out-of-state people get a free pass when tax paying NJ residents get screwed for the same non-crime?"
Note: i'm a pussy with too much to lose right now to be that test case. it shames me to say that, but it's true.
You and me both Brother.
Scott
Only Hits Count - The Faster the Hit the more it Counts!!!!!!; DELIVER THE SHOT!
Stephen Hillier - "An amateur practices until he can do it right, a professional practices until he can't do it wrong."
No need to explain why you do not wish to be a test case. Really, that needs to be set up in advance, with enough money that said Test Case has enough money behind it that the subject can make bail and a living while the case is winding its way through court.
Recovering Gun Store Commando. My Blog: The Clue Meter
“It doesn’t matter what the problem is, the solution is always for us to give the government more money and power, while we eat less meat.”
Glenn Reynolds
You're not a pussy, you are smart. I posted earlier that individuals never "win" these cases. Government entities will fight on the taxpayer dime through every appeal, and to the bitter end....unlike you, they have zero to lose. The entities lawyers and those who made decisions are only concerned about not ever being "wrong". IF at some point you do "win" after years of fighting and buckets of money, the government entity will offer a settlement and a stipulation of no wrong doing on their part. That is how the game is played. It is a rigged system.
The only way to change things is through class action type suits and political changes. What needs to happen is for one of the larger gun rights groups to bring a case for equal protection similar to the premise for shoving gay marriage down the throats of every state. Concealed Carry Licenses need to be recognized across state lines, even if another state doesn't issue them. With many of the current court rulings, the time is right to get the situation rectified.
Just a Hairy Special Snowflake supply clerk with no field experience, shooting an Asymetric carbine as a Try Hard. Snarky and easily butt hurt. Favorite animal is the Cape Buffalo....likely indicative of a personality disorder.
"If I had a grandpa, he would look like Delbert Belton".
The time was right, I'm not so sure that it still is.
Last edited by joshs; 02-23-2016 at 02:20 PM.
If your qualification is because Scalia passed, then I agree. Until we know who's taking up seat #9 we're in the most troublesome of limbos.
That's not quite how this works.
You can do a civil rights action claiming, for instance, a history of unequal treatment under the law between in state and out of state residents and a fear that you will receive unequal treatment as a result of the policy.
That permits you (maybe) to try the case as a person with an interest in the outcome (standing) but not that while "If you lose you go to jail" thing.
Suing after an arrest is remedial. Suing based on past practices is prospective and much safer.
Unfortunately that costs "$ x (Lots of $) + More" so until the NRA decides to handle this it isn't likely anyone is going to address it right now.
NJ is a bit of a lost cause. Their are other States and Federal Circuits with more sympathetic caselaw upon which to build.
Going after NJ today would be the equivalent of the Doolittle Tokyo Raid. Great for morale and showing people "LOOK! We Are Doing Something!" but nobody expected it to have any great immediate strategic impact at that time.
Once you lose a case and establish a precedent that is not in your favor, it is difficult to re-litigate.
NJ is Berlin in 1945.
The RKBA is still engaged in some pretty bitter fighting in France and getting supplies ashore for the push inland.
Heller & McDonald were the result of a lot of years of scholarship and writing.
One article I read (can't place it...) said the road to those cases began almost 25 years before they went to the courthouse and was the result of a lot of pro-RKBA law review articles building the momentum of thought behind the ideas to which those cases subscribed.
Additionally, there were behind the scenes wealthy backers who provided funding. Those are some of the quiet heroes of these cases you never hear about, as they usually want no recognition of the spotlight because of potential negative effects on their business or "attention" from the government.
Just a Hairy Special Snowflake supply clerk with no field experience, shooting an Asymetric carbine as a Try Hard
"If I had a grandpa, he would look like Delbert Belton".
We don't talk about that.
Fight club rules.
The only thing I disagree with in your whole post is the "Berlin '45" metaphor, since, as a history geek with a mild case of Asperger's I want to yell "Red Army!" like that disproves the whole thing.
For the average gun gun rights activist, however (assuming there is such a thing) I think my explanation is an easier explanation about why, no, you don't want to just waltz into Joisey and get busted with a Judge in an Uncle Mike's nylon holster, and no, Alan Gura is not going to come to your rescue.
Once they shut up and start listening (assuming they do) then we can start in on the difference between civil/civil rights cases and criminal cases.
On a related note: Anyone have a handle on how many cases are pending against the Port Authority of New York and New Jersey for FOPA violations? I have heard that there were two or three, hearsay evidence isn't admissible...
Recovering Gun Store Commando. My Blog: The Clue Meter
“It doesn’t matter what the problem is, the solution is always for us to give the government more money and power, while we eat less meat.”
Glenn Reynolds
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