“The Second Amendment guarantees individuals a fundamental right to keep and bear arms for self-defense … 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.’” [More]Now we get to see how the "lawmakers" respond.
7 comments:
So, how does the State of New Jersey get away with denying the practice of "Right" to most of its citizens?
A more important question is, why do MOST New Jersey citizens put up with this?
"What you're doing is and always was illegal. Therefore we're only going to let you keep doing it for six more months."
Can anybody give me a logical explanation for this?
Why aren't unconstitutional laws null and void, end of story?
I followed David's link in the Ammoland story to a prior story of his about the NYAG who said that he would have " to figure out if the Supreme Court's Heller opinion is binding law in New York. “
WHISKEY TANGO FOXTROT???? He doesn't already KNOW whether SCOTUS decisions are "binding law" in New York? How the bleeping hell could a SCOTUS decision NOT be binding law in NY - and in the other 49 States, PR, Guam, USVI and every other place that U.S, law applies??? Is this guy serious, David? Since when would sauce for NJ's goose not equally be sauce for NY's gander? Is this issue going to have to be fought in ?b>
And suppose the AGNY, in his infinite legal wisdom, determines that a particular SCOTUS decision is NOT binding law in NY? What then? Who is there to enFORCE a SCOTUS ruling? There is such as a thing as Contempt of Court in State and Federal courts. There is also such a thing as Contempt of Congress (which, if recent events are any indication, is no big deal). Can a state official who refuses to abide by a SCOTUS ruling be held in Contempt by SCOTUS? If so, what penalties could accrue to that?
FedUp: Gee, exact same situation occurred a couple years ago in Washington DC, didn’t it? Clearly, Club Membership has its privileges.
“6. No other law, including but limited to the remainder of N.J. Stat. Ann. 2C:39-1 et seq. shall be affected by the entry of this order.”
That would appear to conflict with the earlier citations in the decision of District of Columbia v. Heller and MacDonald v. Chicago in that “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.”
Follow-up suits that cite this decision specifically to “affect” the remainder of the New Jersey Statutes that violate the Second Amendment need to be filed. After all, it will be on New Jersey's dime.
There is a flaw in the American Constitution in that elected representatives who vote for unconstitutional laws are not automatically deprived of the office they hold and forfeit their emoluments as a punishment.
That should take them.
That "take" should be tame.
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