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« Victor Davis Hanson on mass killings | Main | Challenge to MD expansion of "sensitive places" »

Ruling on NJ's response to Bruen

Posted by David Hardy · 16 May 2023 04:17 PM

Koons v. Platkin, District of NJ. It's 230 pages long, and I've only skimmed it, but it appears to uphold the permitting system and to strike down the "sensitive places" expansions, the "default rule" (no carrying on private property unless the owner posts his permission), and the insurance mandate. Congrats to the Second Amendment Foundation, to David Jensen, and to Dan Schmutter!

3 Comments | Leave a comment

Fyooz | May 18, 2023 9:46 AM | Reply

" it appears to uphold the permitting system "

Only so far as the Bruen ruling itself appears to.

With repeated abuses of the permitting system, I believe that SCOTUS's tacit acceptance of permitting per se is in deep trouble.

Would it be fair to call "appears to uphold permitting" dicta?

The aspect of reciprocity seems to be warming up too. If carry, concealed or other, is a Federally protected right, how can NY limit it only to New Yorkers?

FW | May 18, 2023 11:55 AM | Reply

Carry is not a "federally protected Right. As part of the Right to Life, Liberty and the Pursuit of Happiness (which was originally the obtaining and keeping of real and personal property), the Right to carry is endowed by the Creator. Saying it is a federally protected right restricts the true authority and makes it something the feds can control.

The Full Faith and Credit clause already covers reciprocity whether or not folks in the legal realm wish to accept that fact. Congress cannot make law that requires acceptance of some public acts, records and judicial proceedings and not others. The clause states Congress may make "GENERAL" laws. Specifying less than all acts makes for a specific law and not a general law. Like everything else, the People are held hostage by the judiciary.

The Full Faith and Credit clause is a REQUIRED behavior because the clause states "SHALL BE GIVEN", a command NOT a request.

Fyooz replied to comment from FW | May 18, 2023 12:36 PM | Reply

FW,
I didn't say "Federally granted" but "Federally protected."

Meaning, as you detail, that the Federal government is obligated to act when it is made aware of violations of that right.

We're getting there. Not along the route you lay out, but were getting there.

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