Category: New Jersey

Emily Miller notes they are at it again:

Thus, the experts found that at least 43 common rifles would suddenly be considered a prohibited “assault firearm,” such as the .22 caliber Marlin Model 60, Remington Nylon 66 and Winchester 190.

When New Jersey instituted its original Assault Weapons Ban back in the 90s during the Florio Administration, the Model 60 had a 17 round tube magazine standard. There were tons of these weapons in the hands of New Jersey gun owners, with their owners completely unaware they had an assault rifle that had to be registered. You still hear stories every once in a while of some poor fool getting pinched for having an unregistered early Model 60.

Marlin modified the rifle to only hold 15 rounds, but now it appears all those people who have compliant guns would be forced to register them as assault weapons, which most won’t because they would never imagine they own an “assault firearm” as they are classified in New Jersey Law. This will instantly create more felons, which is probably the idea.

If we can’t get a veto out of Christie for this, he might as well just decide not to run for President right now.

I’m surprised by how many people think a sellout by Chris Christie is preordained. Remember that he vetoed the worst of the post-Newtown package, including the 50 caliber ban. He did sign a bill regarding the terrorist watch list that turns out can’t be implemented, however. While I don’t exactly trust Christie on the gun issue, it does seem to me that there’s at least reasonable hope that with sufficient pressure from the gun community, you might be able to muster another veto out of him. If Jerry Brown can veto a few gun control bills, so can Chris Christie.

The Democrats have reached a deal that would reduce from 15 to 10 the number of rounds a magazine may legally hold in New Jersey:

Democratic lawmakers in both house of the legislature have struck a deal that would allow passage of a measure restricting gun owners to a 10-round
magazine, down from the current limit of 15, two sources with knowledge of the
deal said today.

In exchange, the legislature will shepherd through a gun-owner championed bill that would define what are known in the gun world as “reasonable deviations” to the law governing transport of a firearm.

Currently a gun owner may only transport an unloaded, stored weapon straight to the destination, be it on a hunting trip or to a gun range. Under the law, a gun owner may detour from the route only for deviations that are “reasonable.”

So in exchange for something that they should just give us, because it’s a right, you know, they go from 15 to 10? No deal. Kill it with fire. I believe the purpose of this is to tempt Chris Christie to ruin his own national ambitions. The Democrats probably feel they have nothing to lose. If Christie signs the bill, he’ll create the same problems with the base that McCain and Romney had. If he vetoes, Democrats in New Jersey believe gun control wins elections, so they will make an issue out of it in the next Governor’s race. The Dems believe they have everything to gain and Christie everything to lose. But will he be dumb enough to sign it if he wants to run for the GOP nod for 2016?

We have two breaking news items. One, a New Jersey Superior Court has ruled that local police departments can’t add their own forms and requirements above and beyond what is required by state law in order to issue FID cards and Purchase Permits. New Jersey courts used to routinely allow departments to disregard clear legal requirements, so if this indicates a shift in the attitudes towards guns by New Jersey state courts, it’s a welcome one.

The second breaking news items it that a prime leader of the Gun Control movement in the House, Carolyn McCarthy, is retiring. If Democrats become once again convinced that gun control is a losing issue, we might be able to earn ourselves a bit of peace. The leaders of the anti-gun movement have been getting old, and they may not be replaced by folks who are as zealous about it.

I have to admit to being surprised. I did not have high hopes for a veto. From ANJRPC:

In a huge blow to anti-gun politicians and the gun ban lobby, today Governor Christie flat-out vetoed the fifty caliber ban (A3659) and conditionally vetoed two other bills – Senate President Stephen Sweeney’s “kitchen sink” F.I.D. card bill (S2723), and a bill that that would have forced the State Police to breach confidentiality of protected gun trace data in violation of federal law (A3797). A fourth bill creating a task force to study school security issues was signed by the Governor (A3583).

A “conditional veto” means that the legislation is dead, unless the legislature reconvenes to resurrect it through amendments that meet strict conditions imposed by the Governor. Whether anti-gun Democrats have the stomach to swallow those conditions (see details below) remains to be seen. Alternatively, the legislature could try to override any veto (conditional or otherwise) by a 2/3 vote of both houses, which is highly unlikely given the current composition of the legislature.

“After 7 months of intense battle over misguided legislation that won’t stop another crime or prevent another tragedy, we are grateful that Governor Christie has finally ended the discussion on the worst of the bills by tossing them onto the scrap heap where they belong,” said ANJRPC Executive Director Scott Bach. “These vetoes put gun-banning politicians on notice that exploiting tragedy to advance an agenda against legal gun owners, instead of punishing violent criminals, will not be entertained.”

Today’s actions come in the wake of last week’s signing of ten gun bills by Governor Christie (two helped gun owners, two were opposed by gun owners, and six were neutralized based on gun owner input but are appropriately very tough on violent criminals). New Jersey already has some of the strictest and most extreme gun laws in the nation.

The bill flat-out vetoed by Governor Christie today was:

A3659 – the fifty caliber gun ban that would have: prohibited high muzzle-energy guns of any caliber; blocked heirlooms from family members; held grandfathered owners civilly liable for damages if their firearms were ever used in a crime; and forfeited the pending purchase orders of licensed gun owners for these $10,000+ firearms.

The notion that banning any particular tool makes society safer is demonstrably false, and ignores the obvious reality that someone intent on doing evil will not be stopped or deterred if one particular tool becomes unavailable. “If box cutters could take down the World Trade Center, does anyone really believe that banning box cutters will stop the next terrorist?” commented Bach. “The same is true of firearms – banning the fifty caliber or any other firearm will not stop someone bent on doing evil.”

The Governor’s statement on A3659 criticizes the scope of the ban, notes drafting errors that would defeat grandfathering, and observes that rather than combating crime and terror, the bill only serves to threaten law-abiding gun owners with imprisonment for lawful recreation.

The two bills conditionally vetoed by Governor Christie today are:

S2723 – Senate President Stephen Sweeney’s “kitchen sink” FID card bill, a 42-page monstrosity universally despised by gun owners and sportsmen. The bill, touted by Democrats as the “centerpiece” of their gun bill package and a “national model,” would have: thrown out existing FID cards and replaced them with a privacy-invading driver license endorsement or other form of ID; suspended Second Amendment rights without proof of firearms training; ended firearms sales directly between background-checked licensed gun owners; and had numerous other impacts.

Under Governor Christie’s conditional veto, S2723 could only be resurrected if both houses of the legislature agreed to the following conditions:

• Remove all provisions that would have created a new electronic FID card (keeps the existing permitting system in place);
• Remove all provisions that would have suspended Second Amendment rights without proof of firearms training;
• Remove all provisions that would have ended firearms sales directly between background-checked licensed gun owners; and
• Add a provision requiring the State Police to develop and promulgate literature regarding safe firearms storage and ownership.

It is unknown whether Democratic legislative leadership would accept these conditions. While doing so would salvage what is left of their “centerpiece,” the final bill would be a gutted version, stripped of the most blatant attacks on legal gun owners, and very likely an embarrassment to Democrats.

 If Democrats decided to swallow that bitter pill, other key provisions of the Sweeney bill that would be retained would include: requiring an FID card or other permit for all ammunition purchases; limiting shipment of online ammunition purchases to the address on the FID card; making it a 4^th degree crime if injury or death results from the failure to properly secure firearms; making it a 4^thdegree crime for someone prohibited from possessing firearms to possess ammunition; requiring mental health screeners to inquire about firearms ownership of those being considered for involuntary commitment for mental health reasons; and revocation of NJ concealed carry permits upon conviction of a crime of the 4^th degree or higher.

The Governor’s statement accompanying his conditional veto expressed support in principle for some of these provisions, yet also criticized the legislature as “shortsighted” for focusing on gun control instead of comprehensive violence solutions. The statement also noted the bill’s failure “to directly combat violence,” and the current unavailability of the technology that would be required to implement the digitized FID card.

A3797 – conditionally vetoed because of one section that required the State Police to breach confidentiality of federal gun trace data in direct violation of federal law that limits the data to law enforcement only. This was an attempt by frustrated gun banners to circumvent that federal law, so that idiosyncrasies of the ATF’s trace system could be exploited and manipulated to falsely suggest that law abiding citizens are a source of “crime guns.” ATF has opposed similar efforts to circumvent confidentiality, which could compromise ongoing investigations. If the legislature amends the bill to remove this illegal provision, the amended bill would then return to the Governor’s desk.

PLEASE THANK GOVERNOR CHRISTIE TODAY! 

Please thank Governor Christie today for his actions on the fifty caliber ban, the Sweeney bill, and the trace data confidentiality bill. You can call the Governor’s office at 609-292-6000, write him at P.O. Box 001, Trenton, N.J. 08625, or send an email using the online contact form (select “law and public safety” from the drop-down menu, then pick any sub-topic).

And thank YOU for weathering this 7-month-long storm of the worst attacks on gun owners in state history along with us. It is because of YOUR actions, YOUR calls and letters, YOUR attendance at hearings, and YOUR refusal to give up no matter what the odds, that today’s outcome was possible.

Although today’s action marks the end of a long and very arduous battle, the fight is far from over. The most oft-repeated statement by anti-gun legislators at hearings over the past 7 months was “these bills are only the beginning.” They will be back after the November elections, and will continue their relentless attacks on legal gun ownership – and it will be up to gun owners to continue to defend freedom.

Please watch for future alerts and updates!

UPDATE: Bryan Miller would seem to be a Sad Panda.

Alert from ANJRPC quoted below. Not too surprising considering Christie’s general disdain for civil liberties, as was recently expressed. But if he vetoes the worst of it that’s at least something. I also think there’s a better chance of winning on the terror watch list issue in Court than most other things:

This afternoon, Governor Christie announced that he signed 10 of the gun bills on his desk.  Two of those bills are helpful to gun owners, six are neutral in their impact on gun rights as a result of amendments based on gun owner input, and two were opposed by gun owners.

Three other horrific anti-gun bills – the worst of the bills that made it to the Governor’s desk -have not yet been acted upon by Governor Christie: the Sweeney “centerpiece” FID bill, the fifty caliber ban, and the trace data bill that would require the State Police to violate federal law.

It is critical that the Governor’s office continue to hear from gun owners on the three bills that have not been acted on yet.  Please do your part and keep urging the Governor to veto these bills.  Please call the Governor’s office ASAP at 609-292-6000, write him atP.O. Box 001, Trenton, N.J. 08625, or send an email using the online contact form.

The 3 anti-gun bills on which the Governor has NOT yet acted are:

S2723 – the awful Sweeney “omnibus” bill, which throws out existing FID cards and replaces them with either a privacy-invading driver license endorsement or other form of ID; suspends Second Amendment rights without proof of firearms training; ends private sales between background-checked licensed gun owners; effectively creates a registry of ammunition purchases and long gun sales; and imposes a 7-day waiting period for handgun purchases.

A3659 – the fifty caliber gun ban, which in its final version bans firearms that shoot centerfire cartridges of any caliber that attain a muzzle energy of 12,000 ft-lbs. or greater.  Though limited grandfathering has been added in response to gun owner concerns, the firearms must be registered, cannot be passed down to heirs, and owners will be civilly liable for damages if the firearm is used in a crime.  Additionally, the bill has been amended specifically to prevent anyone with a pending order for these firearms from taking possession of them.

A3797 - Mandates that the State Police publicly disclose confidential ATF gun trace data in violation of explicit federal law limiting that data to law enforcement use only. This is an attempt by frustrated gun banners to circumvent the federal Tiarht Amendment, so that idiosyncrasies of the ATF’s trace system can be exploited and manipulated to falsely suggest that law abiding citizens are a source of “crime guns.”  ATF has opposed similar efforts to circumvent confidentiality, which could compromise ongoing investigations. Note: a conditional veto by the Governor removing just the offending parts of A3797 would be sufficient.

The 2 bills that HELP gun owners which the Governor has signed are:

A3788 – Prevents public disclosure of personal information of licensed firearms owners, including name, address, and phone number. The legislation prevents a repeat of what happened in New York State in January, when several newspapers obtained personal information of Empire State gun owners via freedom of information requests and then published that information both in print and on the internet.  Publishing personal information of gun owners jeopardizes their safety and makes them targets for gun theft, in addition to raising significant privacy concerns.

A3796 – Addresses an anomaly in New Jersey’s “assault” firearms statute that prevents those still in possession of banned firearms from lawfully disposing of them.  This bill reopens a compliance window for a short time during which banned firearms could be lawfully disposed of.  Although the compliance window is too short, and the bill fails to allow for lawful disposition of banned magazines and ammunition, it nonetheless offers a limited compliance opportunity that is a temporary improvement over current law.

The 2 bills opposed by gun owners which the Governor signed are:

A3687 – Terror Watch List bill.  Makes it possible to suspend Second Amendment rights without a specified requirement of due process, based on a secret government list compiled by federal bureaucrats with no published standards, no identified procedure to correct errors, and potential for enormous abuse by those in power.  Proponents of the bill have argued that due process is available because there is a right to appeal any permit denial under New Jersey law.

A3717 - Requires submission of certain mental health records to NICS without an explicit, stated requirement of due process within the legislation itself.  ANJRPC has no objection to the core purpose of this legislation, but believes that the legislation needed to explicitly state that only records of persons who have had judicial due process (with a right of appeal) should be submitted to NICS. Proponents of the bill have argued that the NICS system itself, as well as New Jersey mental health law, contain independent due process requirements.

The 6 bills signed by the Governor that have been neutralized in their impact on gun rights are:

S1279 – Upgrades penalty for unlawful transfer of a firearm to a minor (specifically amended to exempt lawful instruction and training, competition and target shooting)

S2720 – Makes records regarding the total number of FID cards and handgun permits issued subject to public disclosure (does not disclose identity of gun owners)

S2804 – Upgrades penalty for unlawful firearms possession by felons or those engaged in serious criminal behavior.

S2430 – Creates a study commission on gun violence.

S2468 – Permits vehicle impoundment where felons or those engaged in serious criminal behavior are unlawfully in possession of firearms.

S2719 – Anti-trafficking legislation (amended to prevent numerous unintended consequences to legal gun owners).

Please watch for upcoming alerts and updates, and please keep contacting the Governor’s office!