NJ Gun Rights Question Chris Christie needs to be asked!

Root

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Chris Christie has been the governor of NJ for 7 years and hasn't done anything about the 2nd ammendment violation in NJ.

If anyone is going to one of his campaign stops, he needs to be asked "Why the NJ Attorney General hasn't re-defined NJ Administrative code for Concealed Carry permits from "justifiable need" to "lawful purposes" or "self defense"? He does not need the legislature to do this.

The History of Justifiable Need:

  • The NJ Statute has required "justifiable need" almost forever.
  • In 1971, Some guy named Siccardi sued NJ and challenged "justifiable need" because it was unconstitutional. NJ Court held that (1) The 2A only applies to the federal government - the state governments can infringe on the right, and (2) the 2A does not guarantee an individual right but a collective right of state militias.
  • The decision in Siccardi included a definition of Justifiable Need that was written by the judge. This definition became the standard that all NJ courts used from that point forward.
  • Interesting note: at the time, SCOTUS had not ruled on either (1) or (2) above so maybe, this interpretation had some basis.
  • In 1991, the current definition of justifiable need was added to the administrative code. The legislature writes the statute, the executive branch writes the administrative code. The definition is almost word for word from Siccardi. At the time, they were just "codifying" what was already the standard practice.
  • In 2008, SCOTUS ruled in Heller v. DC that the right to keep and bear arms is an individual right. This effectively nullifies (2) in Siccardi.
  • In 2010, SCOTUS ruled in McDonald v. Chicago that the 2A applies to state governments. This effectively nullifies (1) in Siccardi.
  • This means that the Siccardi ruling, and therefore justifiable need is no longer legally valid.
  • The executive branch has a duty to write an administrative code that is in compliance with the law. The constitution is the highest law and it has been confirmed by SCOTUS that the Second Amendment “guarantee the individual right to possess and carry weapons in case of confrontation” and that “central to” this right is “the inherent right of self-defense” - Heller.
    [*]Therefore, the Governor has a duty to change the administrative code to comply with the law and to recognize the right of the individual to carry a firearm for self defense in case of confrontation.



On June 29th in reaction to the tragic death of Carol Brown, Chris Christie signed Executive Order 180 to create the New Jersey Firearm Purchase and Permitting Study Commission, tasked with "reviewing the state's laws, regulations and procedures pertaining to the ownership and possession of firearms and ensuring they do not infringe on New Jerseyans' constitutional rights."
http://nj.gov/infobank/circular/eocc180.pdf

Has this Commission been formed yet? When can we expect their findings?

Can someone please ask him these things? He needs to be challenged harder on the 2nd amendment issue.

I think his next stop is on September 3rd, in Berlin, New Hampshire
 
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