Second Ammendment case won in NJ Superior Court

[sig2009]

A case was won in New Jersey on Second Amendment grounds. Congratulations to Even Nappen and thanks for fighting the good fight. In this case a man's firearms and FPIC were taken because he stored them unlocked in his apartment, which the original judge considered to be dangerous enough to warrant forfeiture. Nappen successfully argued that the judge was effectively trying to create a storage requirement that the Supreme Court found unconstitutional in Heller vs. DC.

http://www.evannappen.com/uploads/1/0/8/0/1080251/blasco.pdf

Don't know what this would mean for MA. residents if something like this ever happened there because I believe you have the same unconstutional storage laws.

 

[SJan]

Interesting, who wants to give it a try?











Not It !

 

[RKG]

A close reading of this opinion reveals that the holding is not based on the Second Amendment (superseding a statutory prohibition), but rather an interpretation of the governing New Jersey statute so as not to include the grounds on which the State relied. I therefore wouldn't classify this as a Second Amendment case.

 

[Garys]

It means nothing for MA residents since this is a New Jersey state level case, based on NJ statutes and case law. The MA laws, while overly stringent (IMHO) are not the same as either the New Jersey law or the overturned DC storage law. The DC law required firearms to be stored unloaded and in an inoperable condition. Which is what SCOTUS specifically prohibited in Heller.