Third Circuit Upholds New Jersey Carry Restrictions

The case is Drake v. Filko. The third circuit has generally been terrible for the Second Amendment, and not really too surprising since although it’s major state is relatively pro-gun, the circuit judges are going to tend to be drawn from Philadelphia, and reside there.

Here, we conclude that the requirement that applicants demonstrate a “justifiable need” to publicly carry a handgun for self-defense qualifies as a “presumptively lawful,” “longstanding” regulation and therefore does not burden conduct within the scope of the Second Amendment’s guarantee.

Wow. Talk about lazy. Because that’s totally what Heller said. So there it is folks. There is no right to carry a firearm in the State of Pennsylvania, New Jersey or Delaware under the Second Amendment as far as our federal judicial overlords are concerned. Poof! Gone. Unless the Supreme Court steps in to fix it.

Neat Graphic on Pennsylvania History

We found this during genealogical research. It shows the evolution of Pennsylvania counties from the founding of Pennsylvania in 1682 until the present county divisions that has remained in place since 1930. It also shows the claims Virginia, Maryland and Connecticut made over Pennsylvania. The border for Maryland was eventually settled by the Mason-Dixon survey, and settlers often fought low-level wars with settlers from Virginia and Connecticut over their claims. Connecticut claims were strong enough that many Revolutionary War service records for soldiers from what is now Western Pennsylvania are to be found with the State of Connecticut.

Speaking of the Mason-Dixon survey, here’s an interesting fact:

It was not the demarcation line for the legality of slavery, however, since Delaware, a slave state, falls north and east of the boundary. Also lying north and east of the boundary was New Jersey where, in reality, slavery existed, in limited numbers, until 1865. It was not until 1846 that New Jersey abolished slavery, but it qualified it by redefining former slaves as apprentices who were “apprenticed for life” to their masters. Slavery did not truly end in the state until it was ended nationally in 1865 after the American Civil War and passage of the Thirteenth Amendment to the US Constitution.

There was technically some measure of slavery in Pennsylvania until 1847, when slavery was completely outlawed. Pennsylvania passed its Gradual Emancipation Act in 1780, which didn’t abolish slavery, but which prohibited further importation of slaves into the commonwealth, and made any children of slaves freeborn. This was actually the model used by most of the northern states, but New Jersey was one of the last states to begin gradual emancipation, only starting in 1804, 24 years after Pennsylvania started the trend. The only state to do immediate emancipation was Massachusetts in 1783, and that was through a court decision. So it’s probably not entirely fair to single out New Jersey in this example.

From the State that Bought You the Lautenberg Switcheroo

They get a Mulligan on gun control. From ANJRPC:

Today, the New Jersey Assembly Budget Committee passed Senate President Stephen Sweeney’s “centerpiece” gun legislation (S2723 / A4182) in a “do-over” vote, following the embarrassing failure of the bill to pass a roll-call vote of the Assembly Law & Public Safety Committee on June 6.  Assembly Democratic leadership brazenly rigged the system by moving the legislation to the Budget Committee, where they could better control the outcome and ensure the bill’s passage.

The bill passed along party lines, with 8 Democrats voting yes, and 4 Republicans voting no.

The Sweeney legislation 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; imposes a 7-day waiting period for handgun purchases; ends all private sales; and effectively creates a registry of ammunition purchases and long gun sales. Democrats have touted the bill as a “national model.”

The bill now moves to the Assembly for a full floor vote, which is likely to occur on Thursday, June 20.  Please immediately call both your Assembly members and tell them to oppose all new anti-gun legislation, including A4182.  If passed by the Assembly, the bill could go back to the Senate next week for concurrence with Assembly amendments.

There was testimony from gun rights activists at today’s hearing, including ANJRPC Executive Director Scott Bach, who sharply criticized the Sweeney bill and ripped the process of swapping committees in violation of legislative rules.  “Anywhere else in the country that would be called vote-rigging,” Bach said. “Here, it masquerades as ‘legislative process’.”

A recording of the hearing will be posted here within 24 hours. Scroll to Monday, June 17, 2013, then click “listen”).

Please watch for future ANJRPC alerts and updates.

Usually when you bring a bill up for a vote, if it loses, that’s too bad — it’s the end of the bill. Not in New Jersey, where apparently you can pull it in the middle of a vote when it becomes apparent it’s not going to go the way you want.

Searching High and Low

After some recent genealogical research, I discovered my 4th great grandfather was the owner of a bottling company in Philadelphia. The bottles are antiques, but still turn up at shops and auctions from time to time. I am determined to score one, so we’ve been searching antique markets and shops in the area.

His business seems to have been at its peak before the Civil War. My 3rd great grandfather served in the 71st Regiment, Pennsylvania Infantry, and was wounded at Antietam. He died in a veterans hospital some years later of septicemia in Hampton, Virginia, and was buried there. Fortunately for my father, and myself, he lived long enough after the war to have my 2nd great grandfather. I’m not certain my 4th great grandfather’s bottling company survived the war.

That’s not to say I haven’t found some cool stuff looking around these shops and markets. Today we went to a market in Columbus, New Jersey, and while we didn’t find one of his bottles, we found several other bottles from Philadelphia that were from the same era. Close, but no cigar. But the search has been interesting. There might still be some gun culture left in the Garden State:

JoinTheNRA

Actually, this part of New Jersey is pretty red, so it’s not too surprising. But walking around the shops, I saw things I remembered from both my house growing up, and my grandparents houses. This is just one thing I found which I remember from my house, which I think may have come from one of my grandparents originally:

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One of these adorned the mantle over my fireplace as a kid. I have no idea where it came from, or what’s happened to it since, but apparently it’s hand painted and worth more than I would have ever imagined. It’s a match holder for those really long stick matches. There’s a striker on the bottom to light them. I may have to talk to my sister and father to make sure they know it’s not some worthless piece of junk.

Of course, I’m also finding cheap, but interesting beer steins. This one spoke to me so I bought it.

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As best I can find, this is a Gerz stein from the 20th century, possibly from the 1960s, but I’m not certain. Either way, it was less than 25 bucks, and it is made in Germany. The words say “Ein guter Trank macht Alte jung” translates as “A good drink makes the old young.” I cleaned it up a bit and decided to fill it with some Paulaner “Original Munich” Lager tonight. The original owner pretty clearly had used it for its intended purpose, and I plan to continue in that tradition.

A New New Jersey Senator

Gabby Giffords asked Chris Christie for an anti-gun successor to Lautenberg. What we get is NJ’s current sitting AG. I don’t really know his record on guns, or even if he has one, but to be honest I don’t consider it to be remarkably important, because he could be the Carrie Nation of guns and it wouldn’t change much. Even if he voted with us 100% of the time, he’s not going to run in the special election. He’s a placeholder.

Being from New Jersey, I would not expect much in the way of pro-gun votes from him, if he gets to take any at all. I think even if he has some pro-gun votes in him, he’d still likely be a vote for Manchin-Toomey. But so was Lautenberg. It doesn’t get them anywhere. If he votes against any anti-gun bill or amendment, it will just be pure bonus as far as I’m concerned.

More Gun Control Passes in NJ

Unfortunately, this is a bit of a dog bites man story for a state like New Jersey. The bigger question is what Christie does, because if he signs this stuff, he can kiss his presidential ambitions goodbye. From ANJRPC:

Today (May 30), the New Jersey State Senate passed its remaining package of 10 gun bills in a largely partisan vote, following procedural delays and additional committee hearings since the last Senate voting session on May 13. Many of the bills in the entire legislative package passed by the Senate this month will now move back to the Assembly for concurrence with changes made in the Senate, and whatever passes the Assembly will then move to the Governor’s office.

There may be new Assembly committee hearings on some of the bills passed by the Senate before the full Assembly votes on the entire bill package in June. We do not anticipate that the Governor will take action before July on any of the bills that reach his desk.

Absent from today’s Senate agenda were simple, easy fixes to longstanding issues that have plagued law-abiding gun owners, which ANJRPC has been pressing for months. These include an “Aitken’s Law” concept (to prevent law-abiding gun owners from being turned into criminals for hypertechnical transportation violations); enforcement of the 30-day permit issuance deadline already required by law but ignored by permitting authorities; and extension of handgun permits to one year. We will continue to press for these fixes to be added to the legislative package of gun bills.

Here are the bills that passed the Senate today:

S2723 (Throws out existing FID cards & replaces with driver license endorsement or other form of ID; suspends Second Amendment rights without proof of firearms training, including for all current handgun owners; imposes 7-day waiting period for handgun purchases; ends all private sales; effectively creates a registry of ammunition purchases and long gun sales; additional impacts.)

S2178 (Bans fifty caliber and similar firearms. The current version was amended to make the bill effective immediately – specifically to prevent law-abiding citizens with pending orders for these firearms from taking possession of them. Grandfathering of those who already own these firearms has been added – but the guns must be registered, and owners could have civil liability if the firearm is used in a crime. This bill impacts firearms with a muzzle energy of 12,000 ft-pounds, even if under .50 caliber, and possibly other firearms. Gun bans like this are based on the false, unsupportable idea that society will be safer if one particular tool is removed, which fails to recognize that someone intent on doing evil wi ll not be stopped or deterred merely because one particular tool is not available.)

S2485 (Suspends Second Amendment rights of U.S. citizens based on a secret government list – no due process. Ignores the presumption of innocence to which all U.S. citizens are entitled. Can be abused by government officials to ban guns to demonized classes of law abiding citizens, including military veterans and gun owners.)

A3717 (Submits mental health records to NICS – no stated requirement of due process, despite repeated requests since February.)

S2467 / S2471 (Prohibits investment of state pension funds in companies tied to manufacturers, importers, or sellers of so-called “assault” firearms for civilian use.).

S2804 (Makes possession of firearms a first degree crime for those previously convicted of serious crimes or engaged in commission of a serious crime. This bill targets violent criminals in possession of guns. During committee testimony, ANJRPC urged legislators to add a corollary “Aitken’s Law” provision to protect law-abiding gun owners from severe unintended consequences of NJ gun law generally, but they declined to do so).

S1133 (Significantly enhances bail requirements for certain gun crimes. As originally written, carried potential for extreme unintended consequences against law-abiding gun owners. Committee amendments were added in response to ANJRPC testimony to preclude this possibility – enhanced bail requirements now only apply to those engaged in, or previously convicted of, serious crimes.)

S1279 (Increases the penalty for unlawful transfer of a firearm to a minor from third to second degree. As originally written, carried potential for extreme unintended consequences against law-abiding gun owners. Committee amendments were added in response to ANJRPC testimony to ensure that temporary transfers to minors for instruction and training were exempted. Existing law would already exempt temporary transfers for target practice and competition.)

S2801 (Increases the statute of limitations for prosecution of theft of a firearm from 5 to 10 years).

S2552 (Would protect private identity information of individual gun owners from public disclosure.)

ANJRPC will be issuing additional alerts as information is available.

Gun Bills Pass in New Jersey

From ANRPC:

This afternoon, the New Jersey Assembly passed 4 gun bills, as follows:

A3797(Requires NJ State Police to disclose confidential ATF trace data in violation of federal law). This bill now moves to the Governor’s desk.

A3796(Reopens “assault” firearms compliance window for only 180 days; fails to allow compliance for prohibited magazines and ammunition).  This bill now moves to the Governor’s desk.

A3583(Creates school security task force). This bill now moves to the Governor’s desk.

A3717(Submits mental health records to NICS – no stated requirement of due process).  This bill was amended today and will have to be reconsidered by the full Senate (next scheduled meeting is currently May 30th).

Major state house activity is not anticipated until the next full Senate floor vote.

Additional updates and action alerts will be forthcoming.

Is that it? If that’s it, you guys got off a lot lighter than I would have figured.

Magazine Ban Delayed in New Jersey Senate

Most of the “uncontroversial” (only to NJ politicians) made it through the Senate, save one:

The Senate also continues to refuse to take up a bill approved by the Assembly to reduce the number of bullets permitted in a magazine from 15 to 10 rounds, although Assembly leaders appeared to have softened their position on blocking the Senate gun bills in return.

A big unknown in all this is how serious Chris Christie is about his presidential ambitions. Even if he plays the Schwarzenegger game of symbolically vetoing one provision or two, but signing the rest of the package, it’ll be over for him. There’s not much middle ground left on this issue anymore. The states that have generally been pro-gun have grown their gun culture, and gotten more pro-gun, and the states that successfully destroyed it have gotten more anti-gun. Christie has the misfortune of being a Republican in an anti-gun state, but I think even New Jersey Republicans have seriously overestimated the ability of this issue to hurt them. Christie could veto all of this, still get re-elected, and still be a contender in a Presidential run.

The Anti-Gun Bills in New Jersey

From ANJRPC, here are the bills that are currently up in the NJ Senate:

S2723(Throws out existing FID cards & replaces with driver license endorsement or other form of ID; suspends Second Amendment rights without proof of firearms training, including for all current handgun owners; imposes 7-day waiting period for handgun purchases; ends all private sales; effectively creates a registry of ammunition purchases and long gun sales; additional impacts).

S2178(fifty caliber ban)

S2485(Suspends Second Amendment rights based on a secret government list – no due process)

S2718(Requires NJ State Police to disclose confidential ATF data in violation of federal law)

S2492(Submits mental health records to NICS – no stated requirement of due process)

2719(License suspension and imprisonment of firearms dealers; vehicle forfeiture for traffickers)

S2468(Impounds vehicles for unlawful possession)

S2722(Reopens “assault” firearms compliance window for only 180 days; fails to allow compliance for prohibited magazines and ammunition)

S2720(Mandates public disclosure of total numbers of FID cards and handgun permits issued)

S2430(Establishes “violence” study commission; fails to include 2A community member on commission)

S2715 (Requires Dept. of Education to prepare anti-violence pamphlets)

S2724(Creates school security task force)

S2552(Protects gun owner identity from public disclosure)

S2725(Reduces penalty for airgun possession from second to third degree)

UPDATE: More here from the Star-Ledger.

“Confiscate, Confiscate, Confiscate”

From ANJRPC. I’m forced to swipe their whole release because they don’t provide links:

NJ SENATORS’ TRUE VIEW OF GUN OWNERS REVEALED BY HOT MICROPHONE FOLLOWING YESTERDAY’S HEARING 

Call the Senate Majority Office Immediately to Express Your Outrage

And Demand That Monday’s Bill Package be Held   

An astute person listening to the official audio recording of yesterday’s Senate Budget and Appropriations Committee hearing noticed that the official recording continued following conclusion of the hearing.  The discussion that was caught, apparently among several senators and staff, is outrageous, and reveals legislators’ true view of gun owners.

A YouTube video with an excerpt of that recording has been posted here.  The following lines can be heard in the recording:

“We needed a bill that was going to confiscate, confiscate, confiscate.”

“They [gun owners] want to keep the guns out of the hands of the bad guys, but they don’t have any regulations to do it.”

They don’t care about the bad guys.  All they want to do is have their little guns and do whatever they want with them.”

“That’s the line they’ve developed.” 

The discussion appears to be among Senator Loretta Weinberg (D37), Senator Sandra Cunningham (D31), Senator Linda Greenstein(D14), and at least one member of Senate Democratic staff.

This discussion can also clearly be heard at the end of the official audio recording, beginning at 1:52:30, currently available here (find Thursday, May 9 from the menu, then click “listen”). It is possible that the official recording will be sanitized following release of this alert, and the official YouTube video could be deleted, so be sure to listen to it promptly.

The discussion reveals absolute contempt for the Second Amendment and those who exercise it, as well as complete ignorance of the fact that gun rights organizations like ANJRPC have long advocated for clear and specific legislation punishing criminals who misuse firearms, instead of misguided legislation (like the bills currently being pushed by Senate Democrats) that demonizes hardware.  Senator Loretta Weinberg is the chief proponent of the anti-gun legislation being moved through the Senate.

In advance of Monday’s full Senate floor vote, please immediately call AND fax the Senate Majority Office, tell them you are outraged by the misguided, disparaging, and clueless comments of those pushing the anti-gun bill package, and demand that Senate Democratic leadership hold the entire package of anti-gun bills currently scheduled for consideration by the full Senate on Monday, May 13.

SENATE MAJORITY OFFICE

Phone: 609-847-3700

Fax: 609-633-7254

You know what would help prevent gun owners from always being paranoid that gun control activists and politicians were after their guns? Not actually being after our guns. Just because your paranoid doesn’t mean they aren’t out to get you.