NJ2AS v. Porrino, et al - Consent Order sent to the Court today in filing by NJ Attorney General

Today the New Jersey Attorney General filed an agreed Consent Order in federal court. The Consent Order is not "final" until the federal Judge signs it and enters it, but the cool thing is that the State of New Jersey agrees that:

1. The Second Amendment guarantees individuals a fundamental right to keep and bear arms for self-defense District of Columbia v. Heller, 554 U.S. 570 (2008); McDonald v. Chicago, 561 U.S. 742 (2010); Caetano v. Massachusetts, 577 U.S. __(2016). Further, “the Second Amendment extends, prima facie, to all instruments that constitute bearable arms, even those that were not in existence at the time of the founding.” Heller, 554 U.S. at 582; Caetano, slip op. at 1 (per curiam).

2. Pursuant to the holdings in Heller, McDonald and Caetano, N.J. Stat. Ann. § 2C:39-3(h), to the extent this statute outright prohibits, under criminal penalty, individuals from possessing electronic arms, is declared unconstitutional that it violates the Second Amendment to the United States Constitution and shall not be enforced.

Once entered, the Order reflects that the effect of the Order will be stayed for 180 days to "allow the State of New Jersey to institute new laws, rules, or regulations "that will impose reasonable limitations, consistent with public safety and the Second Amendment," on the possession and/or carrying of electronic arms..." So, don't go out and buy a Taser in New Jersey yet, but hopefully that day will come soon. Not bad for a "lay-up", eh?

You can read the filing here.


Featured Posts
Recent Posts
Archive
Search By Tags
No tags yet.
Follow Us
  • Facebook Basic Square
  • Twitter Basic Square
  • Google+ Basic Square

FREE BACKGROUND INFORMATION AVAILABLE UPON REQUEST

 

​​​​​This website has been prepared by Stamboulieh Law​, PLLC for informational purposes only. The information contained herein is not legal advice, and recipients of content from this site, clients or otherwise, should not rely on the information contained herein without seeking appropriate legal or other professional advice. Viewing this site or communicating with a Stamboulieh Law, PLLC attorney via e-mail, through this site or otherwise, does not constitute or create an attorney-client relationship between Stamboulieh Law, PLLC and any person or entity. Confidential information should not be sent to the firm without the prior approval of the firm, and the content of any correspondence sent via the Internet will not be considered or maintained as confidential unless such approval is obtained.​

 

​​​​© 2019 by Stamboulieh Law, PLLC.